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Backup Document 01/11/2022 Item #11A
ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP 1 1 A TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNATURE Print on pink paper. Attach to original document. The completed routing slip and original documents are to be forwarded to the County Attorney omcc at the time the item is placed on the agenda. All completed routing slips and original documents must be received in the County Attorney Mee no later than Monday preceding the Board meeting. **NEW** ROUTING SLIP Complete routing lines#1 through#2 as appropriate for additional signatures,dates,and/or information needed. If the document is already complete with the exception of the Chairman's signature,draw a line through routing lines#1 through#2,complete the checklist,and forward to the County Attorney Office. Route to Addressee(s) (List in routing order) Office Initials Date 1. Risk Risk Management 66- //Ii/z.z.. 2. County Attorney Office County Attorney Office Q,9 . L-- 4. BCC Office Board of County Gi' ' Commissioners 441,4i Al /l /a 4. Minutes and Records Clerk of Court's Office OW 1112i2022-- 2:4 ' 5. Procurement Services Procurement Services PRIMARY CONTACT INFORMATION Normally the primary contact is the person who created/prepared the Executive Summary. Primary contact information is needed in the event one of the addressees above,may need to contact staff for additional or missing information. Name of Primary Staff Vanessa Miguel/Purchasing Contact Information 239-252-6020 Contact/Department Agenda Date Item was January 11,2022 V Agenda Item Number 11.A. y' Approved by the BCC Type of Document Agreement Number of Original 1 Attached Documents Attached PO number or account N/A 21-7881 Johnson number if document is Johnson Engineering, Inc. to be recorded Engineering, Inc. INSTRUCTIONS & CHECKLIST Initial the Yes column or mark"N/A"in the Not Applicable column,whichever is Yes N/A(Not appropriate. (Initial) Applicable) 1. Does the document require the chairman's original signature STAMP OK 2. Does the document need to be sent to another agency for additio s? If yes, N A provide the Contact Information(Name;Agency;Address;Phone)on an attached sheet. 3. Original document has been signed/initialed for legal sufficiency. (All documents to be VM signed by the Chairman,with the exception of most letters,must be reviewed and signed by the Office of the County Attorney. 4. All handwritten strike-through and revisions have been initialed by the County Attorney's N/A Office and all other parties except the BCC Chairman and the Clerk to the Board 5. The Chairman's signature line date has been entered as the date of BCC approval of the VM document or the final negotiated contract date whichever is applicable. 6. "Sign here"tabs are placed on the appropriate pages indicating where the Chairman's VM signature and initials are required. 7. In most cases(some contracts are an exception),the original document and this routing slip N/A should be provided to the County Attorney Office at the time the item is input into SIRE. Some documents are time sensitive and require forwarding to Tallahassee within a certain time frame or the BCC's actions are nullified. Be aware of your deadlines! 8. The document was approved by the BCC on January 11,2022 and all changes made N/A is not (54,\ during the meeting have been incorporated in the attached document. The County an option for Attorney's Office has reviewed the changes,if applicable. this line. 9. Initials of attorney verifying that the attached document is the version approved by the ; #of BCC,all changes directed by the BCC have been made,and the document is ready for the ' -1' ` 1- n for Chairman's signature. JAN tles Risk Management 1 1 A MEMORANDUM Date: January 13, 2022 To: Vanessa Miguel, Purchasing Technician Procurement Services From: Martha Vergara, Sr. Deputy Clerk Minutes & Records Department Re: Contract #21-7881 for "Professional Services Agreement" for the Design Services for Old Lely Utilities Improvements Contractor: Johnson Engineering, Inc. Attached for your records is an original of the referenced document above, (Item #11A) adopted by the Board of County Commissioners on Tuesday, January 11, 2022. The Board's Minutes & Records Department has kept an original as part of the Board's Official Records. If you have any questions, please feel free to contact me at 252-7240. Thank you. Attachment I 1 A PROFESSIONAL SERVICES AGREEMENT Contract# 21-7881 for Design Services for Old Lely Utilities Improvements THIS AGREEMENT is made and entered into this I day of 3 o►nvAry , 20 22 by and between the Board of County Commissioners for Collier County, Florida, a political subdivision of the State of Florida (hereinafter referred to as the "COUNTY") and Johnson Engineering, Inc. authorized to do business in the State of Florida, whose business address is 2122 Johnson Street, Fort Myers, FL 33901 (hereinafter referred to as the "CONSULTANT" and/or "CONTRACTOR"). WITNESSETH: WHEREAS, the COUNTY desires to obtain the professional services of the CONSULTANT concerning Design Services for Old Lely Utilities Improvements (hereinafter referred to as the "Project"), said services in accordance with the provisions of Section 287.055, Florida Statutes being more fully described in Schedule A, "Scope of Services", which is attached hereto and incorporated herein; WHEREAS, the CONSULTANT has submitted a proposal for provision of those services; and; WHEREAS, the CONSULTANT represents that it has expertise in the type of professional services that will be required for the Project. NOW, THEREFORE, in consideration of the mutual covenants and provisions contained herein, the parties hereto agree as follows: ARTICLE ONE CONSULTANT'S RESPONSIBILITY 1.1. CONSULTANT shall provide to COUNTY professional services in all phases of the Project to which this Agreement applies. 1.2. The Basic Services to be performed by CONSULTANT hereunder are set forth in the Scope of Services described in detail in Schedule A. The total compensation to be paid CONSULTANT by the COUNTY for all Basic Services is set forth in Article Five and Schedule B, "Basis of Compensation", which is attached hereto and incorporated herein. Page 1 of 32 PSA_CCNA Single Project Agreement_Ver.4 1A 1.3. The CONSULTANT agrees to obtain and maintain throughout the period of this Agreement all such licenses as are required to do business in the State of Florida and in Collier County, Florida, including, but not limited to, all licenses required by the respective state boards and other governmental agencies responsible for regulating and licensing the professional services to be provided and performed by the CONSULTANT pursuant to this Agreement. 1.4. The CONSULTANT agrees that, when the services to be provided hereunder relate to a professional service which, under Florida Statutes, requires a license, certificate of authorization or other form of legal entitlement to practice such services, it shall employ and/or retain only qualified personnel to provide such services to the COUNTY. 1.5. CONSULTANT designates Michael Dickey, PE a qualified licensed professional to serve as the CONSULTANT's project coordinator (hereinafter referred to as the "Project Coordinator"). The Project Coordinator is authorized and responsible to act on behalf of the CONSULTANT with respect to directing, coordinating and administering all aspects of the services to be provided and performed under this Agreement. Further, the Project Coordinator has full authority to bind and obligate the CONSULTANT on all matters arising out of or relating to this Agreement. The CONSULTANT agrees that the Project Coordinator shall devote whatever time is required to satisfactorily manage the services to be provided and performed by the CONSULTANT hereunder. The Project Coordinator shall not be removed by CONSULTANT from the Project without the COUNTY's prior written approval, and if so removed must be immediately replaced with a person acceptable to the COUNTY. 1.6. CONSULTANT agrees, within fourteen (14) calendar days of receipt of a written request from the COUNTY to promptly remove and replace the Project Coordinator, or any other personnel employed or retained by the CONSULTANT, or any subconsultants or subcontractors or any personnel of any such subconsultants or subcontractors engaged by the CONSULTANT to provide and perform services or work pursuant to the requirements of this Agreement, said request may be made with or without cause. Any personnel so removed must be immediately replaced with a person acceptable to the COUNTY. 1.7. The CONSULTANT represents to the COUNTY that it has expertise in the type of professional services that will be performed pursuant to this Agreement and has extensive experience with projects similar to the Project required hereunder. The CONSULTANT agrees that all services to be provided by CONSULTANT pursuant to this Agreement shall be subject to the COUNTY's review and approval and shall be in accordance with the generally accepted standards of professional practice in the State of Florida, as well as in accordance with all applicable laws, statutes, including but not limited to ordinances, codes, rules, regulations and requirements of any governmental agencies, and the Florida Building Code where applicable, which regulate or have jurisdiction over the Services to be provided and performed by CONSULTANT hereunder, the Local Government Prompt Payment Act (218.735 and 218.76 F.S.), as amended, and the Florida Public Records Law Chapter 119, including specifically those contractual requirements at F.S. § 119.0701(2)(a)-(b) as stated as follows: IF THE CONTRACTOR HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO THE CONTRACTOR'S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS CONTRACT, CONTACT THE CUSTODIAN OF PUBLIC RECORDS AT: Page 2 o132 PSA_CCNA Single Project Agreement_Ver.4 /a i1A Division of Communications, Government and Public Affairs 3299 Tamiami Trail East, Suite 102 Naples, FL 34112-5746 Telephone: (239) 252-8999 Email: PublicRecordRequest(a�colliercountyfl.gov The Contractor must specifically comply with the Florida Public Records Law to: 1. Keep and maintain public records required by the public agency to perform the service. 2. Upon request from the public agency's custodian of public records, provide the public agency with a copy of the requested records or allow the records to be inspected or copied within a reasonable time at a cost that does not exceed the cost provided in this chapter or as otherwise provided by law. 3. Ensure that public records that are exempt or confidential and exempt from public records disclosure requirements are not disclosed except as authorized by law for the duration of the contract term and following completion of the contract if the Contractor does not transfer the records to the public agency. 4. Upon completion of the contract, transfer, at no cost, to the public agency all public records in possession of the Contractor or keep and maintain public records required by the public agency to perform the service. If the Contractor transfers all public records to the public agency upon completion of the contract, the Contractor shall destroy any duplicate public records that are exempt or confidential and exempt from public records disclosure requirements. If the Contractor keeps and maintains public records upon completion of the contract, the Contractor shall meet all applicable requirements for retaining public records. All records stored electronically must be provided to the public agency, upon request from the public agency's custodian of public records, in a format that is compatible with the information technology systems of the public agency. If Contractor observes that the Contract Documents are at variance therewith, it shall promptly notify the County in writing. Failure by the Contractor to comply with the laws referenced herein shall constitute a breach of this Agreement and the County shall have the discretion to unilaterally terminate this Agreement immediately. 1.8. In the event of any conflicts in these requirements, the CONSULTANT shall notify the COUNTY of such conflict and utilize its best professional judgment to advise the COUNTY regarding resolution of each such conflict. The COUNTYS approval of the design documents in no way relieves CONSULTANT of its obligation to deliver complete and accurate documents necessary for successful construction of the Project. 1.9. The COUNTY reserves the right to deduct portions of the (monthly) invoiced (task) amount for the following: Tasks not completed within the expressed time frame, including required deliverables, incomplete and/or deficient documents, failure to comply with local, state and/or federal requirements and/or codes and ordinances applicable to CONSULTANT's performance of the work as related to the project. This list is not deemed to be all-inclusive, and the COUNTY Page 3 o132 PSA_CCNA Single Project Agreement_Ver.4 SAC; ! lA reserves the right to make sole determination regarding deductions. After notification of deficiency, if the CONSULANT fails to correct the deficiency within the specified timeframe, these funds would be forfeited by the CONSULTANT. The COUNTY may also deduct or charge the CONSULTANT for services and/or items necessary to correct the deficiencies directly related to the CONSULTANT's non-performance whether or not the COUNTY obtained substitute performance. 1.10. CONSULTANT agrees not to divulge, furnish or make available to any third person, firm or organization, without the COUNTY's prior written consent, or unless incident to the proper performance of the CONSULTANT'S obligations hereunder, or in the course of judicial or legislative proceedings where such information has been properly subpoenaed, any non-public information concerning the services to be rendered by CONSULTANT hereunder, and CONSULTANT shall require all of its employees, agents, subconsultants and subcontractors to comply with the provisions of this paragraph. CONSULTANT shall provide the COUNTY prompt written notice of any such subpoenas. 1.11. As directed by the COUNTY, all plans and drawings referencing a specific geographic area must be submitted in an AutoCAD DWG or MicroStation DGN format on a CD or DVD, drawn in the Florida State Plane East (US Feet) Coordinate System (NAD 83/90). The drawings should either reference specific established Survey Monumentation, such as Certified Section Corners (Half or Quarter Sections are also acceptable), or when implemented, derived from the RTK(Real- Time Kinematic) GPS Network as provided by the COUNTY. Information layers shall have common naming conventions (i.e. right-of-way- ROW, centerlines -CL, edge-of-pavement- EOP, etc.), and adhere to industry standard CAD specifications. ARTICLE TWO ADDITIONAL SERVICES OF CONSULTANT 2.1. If authorized in writing by the COUNTY through a Change Order or Amendment to this Agreement, CONSULTANT shall furnish or obtain from others Additional Services of the types listed in Article Two herein. The agreed upon scope, compensation and schedule for Additional Services shall be set forth in the Change Order or Amendment authorizing those Additional Services. With respect to the individuals with authority to authorize Additional Services under this Agreement, such authority will be as established in the COUNTY's Procurement Ordinance and Procedures in effect at the time such services are authorized. These services will be paid for by the COUNTY as indicated in Article Five and Schedule B. Except in an emergency endangering life or property, any Additional Services must be approved in writing via a Change Order or an Amendment to this Agreement prior to starting such services. The COUNTY will not be responsible for the costs of Additional Services commenced without such express prior written approval. Failure to obtain such prior written approval for Additional Services will be deemed: (i) a waiver of any claim by CONSULTANT for such Additional Services and (ii) an admission by CONSULTANT that such Work is not additional but rather a part of the Basic Services required of CONSULTANT hereunder. If the COUNTY determines that a change in the Agreement is required because of the action taken by CONSULTANT in response to an emergency, an Amendment shall be issued to document the consequences of the changes or variations, provided that CONSULTANT has delivered written notice to the COUNTY of the emergency within forty- eight (48) hours from when CONSULTANT knew or should have known of its occurrence. Failure to provide the forty-eight (48) hour written notice noted above, waives CONSULTANT's right it otherwise may have had to seek an adjustment to its compensation or time of performance under Page 4 of 32 PSA_CCNA Single Project Agreement_Ver.4 i1A this Agreement. The following services, if not otherwise specified in Schedule A as part of Basic Services, shall be Additional Services: 2.1.1 Preparation of applications and supporting documents (except those already to be furnished under this Agreement) for private or governmental grants, loans, bond issues or advances in connection with the Project. 2.1.2 Services resulting from significant changes in the general scope, extent or character of the Project or its design including, but not limited to, changes in size, complexity, the COUNTY's schedule or character of construction; and revising studies, reports, design documents or Contract Documents previously accepted by the COUNTY when such revisions are required by changes in laws, rules, regulations, ordinances, codes or orders enacted subsequent to and not reasonably anticipated prior to the preparation of such studies, reports or documents, or are due to any other causes beyond CONSULTANT's control and fault. 2.1.3 Providing renderings or models for the COUNTY's use. 2.1.4 Investigations and studies involving detailed consideration of operations, maintenance and overhead expenses; the preparation of feasibility studies, cash flow and economic evaluations, rate schedules and appraisals; and evaluating processes available for licensing and assisting the COUNTY in obtaining such process licensing. 2.1.5 Furnishing services of independent professional associates and consultants for other than the Basic Services to be provided by CONSULTANT hereunder. 2.1.6 Services during travel outside of Collier and Lee Counties required of CONSULTANT and directed by the COUNTY, other than visits to the Project site or the COUNTY's office. 2.1.7 Preparation of operating, maintenance and staffing manuals, except as otherwise provided for herein. 2.1.8 Preparing to serve or serving as a CONSULTANT or witness for the COUNTY in any litigation, or other legal or administrative proceeding, involving the Project (except for assistance in consultations which are included as part of the Basic Services to be provided herein). 2.1.9 Additional services rendered by CONSULTANT in connection with the Project, not otherwise provided for in this Agreement or not customarily furnished in Collier County as part of the Basic Services in accordance with generally accepted professional practice. ARTICLE THREE THE COUNTY'S RESPONSIBILITIES 3.1. The COUNTY shall designate in writing a project manager to act as the COUNTY's representative with respect to the services to be rendered under this Agreement (hereinafter referred to as the "Project Manager"). The Project Manager shall have authority to transmit instructions, receive information, interpret and define the COUNTY's policies and decisions with respect to CONSULTANT's services for the Project. However, the Project Manager is not Page 5 of 32 PSA_CCNA Single Project Agreement_Vcr.4 i1A authorized to issue any verbal or written orders or instructions to the CONSULTANT that would have the effect, or be interpreted to have the effect, of modifying or changing in any way whatever: a. The scope of services to be provided and performed by the CONSULTANT hereunder; b. The time the CONSULTANT is obligated to commence and complete all such services; or c. The amount of compensation the COUNTY is obligated or committed to pay the CONSULTANT. 3.2. The Project Manager shall: a. Review and make appropriate recommendations on all requests submitted by the CONSULTANT for payment for services and work provided and performed in accordance with this Agreement; b. Provide all criteria and information requested by CONSULTANT as to the COUNTY 's requirements for the Project, including design objectives and constraints, space, capacity and performance requirements, flexibility and expandability, and any budgetary limitations; c. Upon request from CONSULTANT, assist CONSULTANT by placing at CONSULTANT's disposal all available information in the COUNTY's possession pertinent to the Project, including existing drawings, specifications, shop drawings, product literature, previous reports and any other data relative to the Project; d. Arrange for access to and make all provisions for CONSULTANT to enter the Project site to perform the services to be provided by CONSULTANT under this Agreement; and e. Provide notice to CONSULTANT of any deficiencies or defects discovered by the COUNTY with respect to the services to be rendered by CONSULTANT hereunder. ARTICLE FOUR TIME 4.1. Services to be rendered by CONSULTANT shall be commenced subsequent to the execution of this Agreement upon written Notice to Proceed from the COUNTY for all or any designated portion of the Project and shall be performed and completed in accordance with the Project Milestone Schedule attached hereto and made a part hereof as Schedule C. Time is of the essence with respect to the performance of this Agreement. 4.2. Should CONSULTANT be obstructed or delayed in the prosecution or completion of its services as a result of unforeseeable causes beyond the control of CONSULTANT, and not due to its own fault or neglect, including but not restricted to acts of nature or of public enemy, acts of government or of the COUNTY, fires, floods, epidemics, quarantine regulations, strikes or lock-outs, then CONSULTANT shall notify the COUNTY in writing within five (5) working days after commencement of such delay, stating the specific cause or causes thereof, or be deemed to have waived any right which CONSULTANT may have had to request a time extension for that specific delay. 4.3. No interruption, interference, inefficiency, suspension or delay in the commencement or progress of CONSULTANT's services from any cause whatsoever, including those for which the Page 6 of 32 PSA CCNA Single Project Agreement_Ver.4 CAO RYA COUNTY may be responsible in whole or in part, shall relieve CONSULTANT of its duty to perform or give rise to any right to damages or additional compensation from the COUNTY. CONSULTANT's sole remedy against the COUNTY will be the right to seek an extension of time to its schedule provided, however, the granting of any such time extension shall not be a condition precedent to the aforementioned "No Damage For Delay" provision. This paragraph shall expressly apply to claims for early completion, as well as claims based on late completion. Provided, however, if through no fault or neglect of CONSULTANT, the services to be provided hereunder have been delayed for a total of 180 calendar days, CONSULTANT's compensation shall be equitably adjusted, with respect to those services that have not yet been performed, to reflect the incremental increase in costs experienced by CONSULTANT, if any, as a result of such delays. 4.4. Should the CONSULTANT fail to commence, provide, perform or complete any of the services to be provided hereunder in a timely manner, in addition to any other rights or remedies available to the COUNTY hereunder, the COUNTY at its sole discretion and option may withhold any and all payments due and owing to the CONSULTANT until such time as the CONSULTANT resumes performance of its obligations hereunder in such a manner so as to reasonably establish to the COUNTY's satisfaction that the CONSULTANT's performance is or will shortly be back on schedule. 4.5. In no event shall any approval by the COUNTY authorizing CONSULTANT to continue performing Work under this Agreement or any payment issued by the COUNTY to CONSULTANT be deemed a waiver of any right or claim the COUNTY may have against CONSULTANT for delay or any other damages hereunder. ARTICLE FIVE COMPENSATION 5.1. Compensation and the manner of payment of such compensation by the COUNTY for services rendered hereunder by CONSULTANT shall be as prescribed in Schedule B, entitled "Basis of Compensation", which is attached hereto and made a part hereof. The Project Manager, or designee, reserves the right to utilize any of the following Price Methodologies: Lump Sum (Fixed Price): A firm fixed total price offering for a project; the risks are transferred from the COUNTY to the CONSULTANT; and, as a business practice there are no hourly or material invoices presented, rather, the CONSULTANT must perform to the satisfaction of the COUNTY's Project Manager before payment for the fixed price contract is authorized. Time and Materials: The COUNTY agrees to pay the contractor for the amount of labor time spent by the CONSULTANT 's employees and subcontractors to perform the work (number of hours times hourly rate), and for materials and equipment used in the project (cost of materials plus the contractor's mark-up). This methodology is generally used in projects in which it is not possible to accurately estimate the size of the project, or when it is expected that the project requirements would most likely change. As a general business practice, these contracts include back-up documentation of costs; invoices would include number of hours worked and billing rate by position (and not company (or subcontractor) timekeeping or payroll records), material or equipment invoices, and other reimbursable documentation for the project. Page 7 of 32 PSA_CCNA Single Project Agreement_Ver.4 1 1 A 5.2. The hourly rates as set forth and identified in Schedule B, which is attached hereto, shall apply only to tasks procured under the Time and Materials pricing methodology specified in paragraph 5.1 above. I Grad agency. ARTICLE SIX THE OWNERSHIP OF DOCUMENTS 6.1. Upon the completion or termination of this Agreement, as directed by the COUNTY, CONSULTANT shall deliver to the COUNTY copies or originals of all records, documents, drawings, notes, tracings, plans, MicroStation or AutoCAD files, specifications, maps, evaluations, reports and other technical data, other than working papers, prepared or developed by or for CONSULTANT under this Agreement("Project Documents"). The COUNTY shall specify whether the originals or copies of such Project Documents are to be delivered by CONSULTANT. CONSULTANT shall be solely responsible for all costs associated with delivering to the COUNTY the Project Documents. CONSULTANT, at its own expense, may retain copies of the Project Documents for its files and internal use. 6.2. Notwithstanding anything in this Agreement to the contrary and without requiring the COUNTY to pay any additional compensation, CONSULTANT hereby grants to the COUNTY a nonexclusive, irrevocable license in all of the Project Documents for the COUNTY's use on this Project. CONSULTANT warrants to the COUNTY that it has full right and authority to grant this license to the COUNTY. Further, CONSULTANT consents to the COUNTY's use of the Project Documents to complete the Project following CONSULTANT's termination for any reason or to perform additions to or remodeling, replacement or renovations of the Project. CONSULTANT also acknowledges the COUNTY may be making Project Documents available for review and information to various third parties and hereby consents to such use by the COUNTY. ARTICLE SEVEN MAINTENANCE OF RECORDS 7.1. CONSULTANT will keep adequate records and supporting documentation which concern or reflect its services hereunder. The records and documentation will be retained by CONSULTANT for a minimum of five (5) years from (a) the date of termination of this Agreement or (b) the date the Project is completed, whichever is later, or such later date as may be required by law. The COUNTY, or any duly authorized agents or representatives of the COUNTY, shall, free of charge, have the right to audit, inspect and copy all such records and documentation as often as they deem necessary during the period of this Agreement and during the five (5) year period noted above, or such later date as may be required by law; provided, however, such activity shall be conducted only during normal business hours. ARTICLE EIGHT INDEMNIFICATION 8.1. To the maximum extent permitted by Florida law, CONSULTANT shall indemnify and hold harmless the COUNTY, its officers and employees from any and all liabilities, damages, losses and costs, including, but not limited to, reasonable attorneys' fees and paralegals' fees, to the extent caused by the negligence, recklessness, or intentionally wrongful conduct of Pane 8 or32 PSA_CCNA Single Project Agreement_Ver.4 F��� $ IA CONSULTANT or anyone employed or utilized by the CONSULTANT in the performance of this Agreement. This indemnification obligation shall not be construed to negate, abridge or reduce any other rights or remedies which otherwise may be available to an indemnified party or person described in this paragraph 8.1. 8.2. To the extent that the Agreement that the work pertains to a "Professional Services Contract" as defined in Section 725.08(3), Florida Statutes, and the CONSULTANT is a "Design Professional" as defined in Section 725.08(4), Florida Statutes, the indemnification provided herein shall be limited as provided in Sections 725.08(1) & (2), Florida Statutes. ARTICLE NINE INSURANCE 9.1. CONSULTANT shall obtain and carry, at all times during its performance under the Contract Documents, insurance of the types and in the amounts set forth in SCHEDULE D to this Agreement. 9.2. All insurance shall be from responsible companies duly authorized to do business in the State of Florida. 9.3. All insurance policies required by this Agreement shall include the following provisions and conditions by endorsement to the policies: 9.3.1. All insurance policies, other than the Business Automobile policy, Professional Liability policy, and the Workers Compensation policy, provided by CONSULTANT to meet the requirements of this Agreement shall name Collier County Board of County Commissioners, OR, Board of County Commissioners in Collier County, OR, Collier County Government, as an additional insured as to the operations of CONSULTANT under this Agreement and shall contain a severability of interests' provisions. 9.3.2. Companies issuing the insurance policy or policies shall have no recourse against the COUNTY for payment of premiums or assessments for any deductibles which all are at the sole responsibility and risk of CONSULTANT. 9.3.3. All insurance coverage of CONSULTANT shall be primary to any insurance or self- insurance program carried by the COUNTY applicable to this Project, and the "Other Insurance" provisions of any policies obtained by CONSULTANT shall not apply to any insurance or self-insurance program carried by the COUNTY applicable to this Project. 9.3.4. The Certificates of Insurance must read: For any and all work performed on behalf of Collier County, or reference this contract number. 9.3.5. All insurance policies shall be fully performable in Collier County, Florida, and shall be construed in accordance with the laws of the State of Florida. 9.4. CONSULTANT, its subconsultants and the COUNTY shall waive all rights against each other for damages covered by insurance to the extent insurance proceeds are paid and received by the COUNTY, except such rights as they may have to the proceeds of such insurance held by any of them. Page 9 of 32 PSA_CCNA Single Project Agreement_Ver.4 1 1 A 9.5. All insurance companies from whom CONSULTANT obtains the insurance policies required hereunder must meet the following minimum requirements: 9.5.1. The insurance company must be duly licensed and authorized by the Department of Insurance of the State of Florida to transact the appropriate insurance business in the State of Florida. 9.5.2. The insurance company must have a current A. M. Best financial rating of "Class VI" or higher. ARTICLE TEN SERVICES BY CONSULTANT'S OWN STAFF 10.1. The services to be performed hereunder shall be performed by CONSULTANT's own staff, unless otherwise authorized in writing by the COUNTY. The employment of, contract with, or use of the services of any other person or firm by CONSULTANT, as independent consultant or otherwise, shall be subject to the prior written approval of the COUNTY. No provision of this Agreement shall, however, be construed as constituting an agreement between the COUNTY and any such other person or firm. Nor shall anything in this Agreement be deemed to give any such party or any third party any claim or right of action against the COUNTY beyond such as may then otherwise exist without regard to this Agreement. 10.2. Attached as Schedule F is a listing of all key personnel CONSULTANT intends to assign to the Project to perform the Services required hereunder. Such personnel shall be committed to this Project in accordance with the percentages noted in Schedule F. All personnel, identified in Schedule F shall not be removed or replaced without the COUNTY's prior written consent. 10.3. CONSULTANT is liable for all the acts or omissions of its subconsultants or subcontractors. By appropriate written agreement, the CONSULTANT shall require each subconsultant or subcontractor, to the extent of the Services to be performed by the subconsultant or subcontractor, to be bound to the CONSULTANT by the terms of this Agreement, and to assume toward the CONSULTANT all the obligations and responsibilities which the CONSULTANT, by this Agreement, assumes toward the COUNTY. Each subconsultant or subcontract agreement shall preserve and protect the rights of the COUNTY under this Agreement with respect to the Services to be performed by the subconsultant or subcontractor so that the sub consulting or subcontracting thereof will not prejudice such rights. Where appropriate, the CONSULTANT shall require each subconsultant or subcontractor to enter into similar agreements with its sub- subconsultants or sub-subcontractors. 10.4. CONSULTANT acknowledges and agrees that the COUNTY is a third-party beneficiary of each contract entered into between CONSULTANT and each subconsultant or subcontractor, however nothing in this Agreement shall be construed to create any contractual relationship between the COUNTY and any subconsultant or subcontractor. Further, all such contracts shall provide that, at the COUNTY's discretion, they are assignable to the COUNTY upon any termination of this Agreement. ARTICLE ELEVEN WAIVER OF CLAIMS Page 10 of 32 PSA CCNA Single Project Agreement_Ver.4 1 1 A 11.1. CONSULTANT's acceptance of final payment shall constitute a full waiver of any and all claims, except for insurance company subrogation claims, by it against the COUNTY arising out of this Agreement or otherwise related to the Project, and except those previously made in writing in accordance with the terms of this Agreement and identified by CONSULTANT as unsettled at the time of the final payment. Neither the acceptance of CONSULTANT's services nor payment by the COUNTY shall be deemed to be a waiver of any of the COUNTY's rights against CONSULTANT. ARTICLE TWELVE TERMINATION OR SUSPENSION 12.1. CONSULTANT shall be considered in material default of this Agreement and such default will be considered cause for the COUNTY to terminate this Agreement, in whole or in part, as further set forth in this section, for any of the following reasons: (a) CONSULTANT's failure to begin services under the Agreement within the times specified under the Notice(s) to Proceed, or (b) CONSULTANT's failure to properly and timely perform the services to be provided hereunder or as directed by the COUNTY, or (c) the bankruptcy or insolvency or a general assignment for the benefit of creditors by CONSULTANT or by any of CONSULTANT's principals, officers or directors, or (d) CONSULTANT's failure to obey any laws, ordinances, regulations or other codes of conduct, or (e) CONSULTANT's failure to perform or abide by the terms and conditions of this Agreement, or (f) for any other just cause. The COUNTY may so terminate this Agreement, in whole or in part, by giving the CONSULTANT seven (7) calendar days written notice of the material default. 12.2. If, after notice of termination of this Agreement as provided for in paragraph 12.1 above, it is determined for any reason that CONSULTANT was not in default, or that its default was excusable, or that the COUNTY otherwise was not entitled to the remedy against CONSULTANT provided for in paragraph 12.1, then the notice of termination given pursuant to paragraph 12.1 shall be deemed to be the notice of termination provided for in paragraph 12.3, below, and CONSULTANT's remedies against the COUNTY shall be the same as and be limited to those afforded CONSULTANT under paragraph 12.3, below. 12.3. The COUNTY shall have the right to terminate this Agreement, in whole or in part, without cause upon seven (7) calendar days written notice to CONSULTANT. In the event of such termination for convenience, CONSULTANT'S recovery against the COUNTY shall be limited to that portion of the fee earned through the date of termination, together with any retainage withheld and any costs reasonably incurred by CONSULTANT that are directly attributable to the termination, but CONSULTANT shall not be entitled to any other or further recovery against the COUNTY, including, but not limited to, anticipated fees or profits on work not required to be performed. CONSULTANT must mitigate all such costs to the greatest extent reasonably possible. 12.4. Upon termination and as directed by the COUNTY, the CONSULTANT shall deliver to the COUNTY all original papers, records, documents, drawings, models, and other material set forth and described in this Agreement, including those described in Article 6, that are in CONSULTANT's possession or under its control. 12.5. The COUNTY shall have the power to suspend all or any portions of the services to be provided by CONSULTANT hereunder upon giving CONSULTANT two (2) calendar days prior Page 11 of 32 PSA_CCNA Single Project Agreement_Ver.4 CIA written notice of such suspension. If all or any portion of the services to be rendered hereunder are so suspended, the CONSULTANT's sole and exclusive remedy shall be to seek an extension of time to its schedule in accordance with the procedures set forth in Article Four herein. 12.6. In the event (i) the COUNTY fails to make any undisputed payment to CONSULTANT within forty-five (45) days after such payment is due or such other time as required by Florida's Prompt Payment Act or (ii) the COUNTY otherwise persistently fails to fulfill some material obligation owed by the COUNTY to CONSULTANT under this Agreement, and (ii) the COUNTY has failed to cure such default within fourteen (14) days of receiving written notice of same from CONSULTANT, then CONSULTANT may stop its performance under this Agreement until such default is cured, after giving THE COUNTY a second fourteen (14) days written notice of CONSULTANT's intention to stop performance under the Agreement. If the Services are so stopped for a period of one hundred and twenty (120) consecutive days through no act or fault of the CONSULTANT or its subconsultant or subcontractor or their agents or employees or any other persons performing portions of the Services under contract with the CONSULTANT, the CONSULTANT may terminate this Agreement by giving written notice to the COUNTY of CONSULTANT's intent to terminate this Agreement. If the COUNTY does not cure its default within fourteen (14) days after receipt of CONSULTANT's written notice, CONSULTANT may, upon fourteen (14) additional days' written notice to the COUNTY, terminate the Agreement and recover from the COUNTY payment for Services performed through the termination date, but in no event, shall CONSULTANT be entitled to payment for Services not performed or any other damages from the COUNTY. ARTICLE THIRTEEN TRUTH IN NEGOTIATION REPRESENTATIONS 13.1. CONSULTANT warrants that CONSULTANT has not employed or retained any company or person, other than a bona fide employee working solely for CONSULTANT, to solicit or secure this Agreement and that CONSULTANT has not paid or agreed to pay any person, company, corporation, individual or firm, other than a bona fide employee working solely for CONSULTANT, any fee, commission, percentage, gift or any other consideration contingent upon or resulting from the award or making of this Agreement. 13.2. In accordance with provisions of Section 287.055, (5)(a), Florida Statutes, the CONSULTANT agrees to execute the required Truth-In-Negotiation Certificate, attached hereto and incorporated herein as Schedule E, certifying that wage rates and other factual unit costs supporting the compensation for CONSULTANT's services to be provided under this Agreement are accurate, complete and current at the time of the Agreement. The CONSULTANT agrees that the original Agreement price and any additions thereto shall be adjusted to exclude any significant sums by which the COUNTY determines the Agreement price was increased due to inaccurate, incomplete, or non-current wage rates and other factual unit costs. All such adjustments shall be made within one (1) year following the end of this Agreement. ARTICLE FOURTEEN CONFLICT OF INTEREST 14.1. CONSULTANT represents that it presently has no interest and shall acquire no interest, either direct or indirect, which would conflict in any manner with the performance of services Page 12 of 32 PSA_CCNA Single Project Agreement_Ver.4 II1A required hereunder. CONSULTANT further represents that no persons having any such interest shall be employed to perform those services. ARTICLE FIFTEEN MODIFICATION 15.1. No modification or change in this Agreement shall be valid or binding upon either party unless in writing and executed by the party or parties intended to be bound by it. ARTICLE SIXTEEN NOTICES AND ADDRESS OF RECORD 16.1. All notices required or made pursuant to this Agreement to be given by the CONSULTANT to the COUNTY shall be in writing and shall be delivered by hand, email, or by United States Postal Service Department, first class mail service, postage prepaid, addressed to the following the COUNTY's address of record: Board of County Commissioners for Collier County, Florida Captial Project Planning, Impact Fees, and Program Division Name: Management Division Director: Trinity Scott, Deputy Department Head Address: 2685 Horseshoe Drive S Naples, Florida 34104 Administrative Agent/PM: Liz Gosselin, Senior Project Manager Telephone: (239) 252-5867 E-Mail(s): Liz.Gosselin@colliercountyfl.gov 16.2. All notices required or made pursuant to this Agreement to be given by the COUNTY to the CONSULTANT shall be made in writing and shall be delivered by hand, email or by the United States Postal Service Department, first class mail service, postage prepaid, addressed to the following CONSULTANT's address of record: Company Name: Johnson Engineering, Inc. Address: 2122 Johnson Street Fort Myers, Florida 33902 Attention Name & Title: Michael Dickey Telephone: (239) 334-0046 / (239) 334-3661 E-Mail(s): Mdickey@johnsoneng.com 16.3. Either party may change its address of record by written notice to the other party given in accordance with requirements of this Article. Page 13 of 32 PSA_CCNA Single Project Agreement_Ver.4 CIO 1 I A ARTICLE SEVENTEEN MISCELLANEOUS 17.1. CONSULTANT, in representing the COUNTY, shall promote the best interests of the COUNTY and assume towards the COUNTY a duty of the highest trust, confidence, and fair dealing. 17.2. No modification, waiver, suspension or termination of the Agreement or of any terms thereof shall impair the rights or liabilities of either party. 17.3. This Agreement is not assignable, or otherwise transferable in whole or in part, by CONSULTANT without the prior written consent of the COUNTY. 17.4. Waivers by either party of a breach of any provision of this Agreement shall not be deemed to be a waiver of any other breach and shall not be construed to be a modification of the terms of this Agreement. 17.5. The headings of the Articles, Schedules, Parts and Attachments as contained in this Agreement are for the purpose of convenience only and shall not be deemed to expand, limit or change the provisions in such Articles, Schedules, Parts and Attachments. 17.6. This Agreement, including the referenced Schedules and Attachments hereto, constitutes the entire agreement between the parties hereto and shall supersede, replace and nullify any and all prior agreements or understandings, written or oral, relating to the matter set forth herein, and any such prior agreements or understanding shall have no force or effect whatever on this Agreement. 17.7. Unless otherwise expressly noted herein, all representations and covenants of the parties shall survive the expiration or termination of this Agreement. 17.8. This Agreement may be simultaneously executed in several counterparts, each of which shall be an original and all of which shall constitute but one and the same instrument. 17.9. The terms and conditions of the following Schedules attached hereto are by this reference incorporated herein: Schedule A SCOPE OF SERVICES Schedule B BASIS OF COMPENSATION Schedule C PROJECT MILESTONE SCHEDULE Schedule D INSURANCE COVERAGE Schedule E CCNA Projects: TRUTH IN NEGOTIATION CERTIFICATE Schedule F KEY PERSONNEL Schedule G Other: N/A Solicitation # 21-7881 , including all Attachment(s), Exhibit(s) &Addendum Consultant's Proposal 17.10. Grant Funded Projects (only applicable to Grant funded projects): In the event of any conflict between or among the terms of any of the Contract Documents and/or the COUNTY's Board approved Executive Summary, the terms of the Agreement shall take precedence over the Page 14 of 32 PSA_CCNA Single Project Agreement_Ver.4 c:4Q 1 1 A terms of all other Contract Documents, except the terms of any Supplemental Grant Conditions shall take precedence over the Agreement. To the extent any conflict in the terms of the Contract Documents cannot be resolved by application of the Supplemental Conditions, if any, or the Agreement, the conflict shall be resolved by imposing the more strict or costly obligation under the Contract Documents upon the CONSULTANT at the COUNTY's discretion. ARTICLE EIGHTEEN APPLICABLE LAW 18.1. This Agreement shall be governed by the laws, rules, and regulations of the State of Florida, and by such laws, rules and regulations of the United States as made applicable to services funded by the United States government. Any suit or action brought by either party to this Agreement against the other party relating to or arising out of this Agreement must be brought in the appropriate federal or state courts in Collier County, Florida, which courts have sole and exclusive jurisdiction on all such matters. ARTICLE NINETEEN SECURING AGREEMENT/PUBLIC ENTITY CRIMES 19.1. CONSULTANT warrants that CONSULTANT has not employed or retained any company or person, other than a bona fide employee working solely for CONSULTANT, to solicit or secure this Agreement and that CONSULTANT has not paid or agreed to pay any person, company, corporation, individual or firm, other than a bona fide employee working solely for CONSULTANT, any fee, commission, percentage, gift or any other consideration contingent upon or resulting from the award or making of this Agreement. At the time this Agreement is executed, CONSULTANT shall sign and deliver to the COUNTY the Truth-In-Negotiation Certificate identified in Article 13 and attached hereto and made a part hereof as Schedule E. CONSULTANT's compensation shall be adjusted to exclude any sums by which the COUNTY determines the compensation was increased due to inaccurate, incomplete, or noncurrent wage rates and other factual unit costs. 19.2. By its execution of this Agreement, CONSULTANT acknowledges that it has been informed by the COUNTY of and is in compliance with the terms of Section 287.133(2)(a) of the Florida Statutes which read as follows: "A person or affiliate who has been placed on the convicted vendor list following a conviction for a public entity crime may not submit a bid, proposal, or reply on a contract to provide any goods or services to a public entity; may not submit a bid, proposal, or reply on a contract with a public entity for the construction or repair of a public building or public work; may not submit bids, proposals, or replies on leases of real property to a public entity, may not be awarded or perform work as a contractor, supplier, subcontractor, or consultant under a contract with any public entity; and may not transact business with any public entity in excess of the threshold amount provided in s. 287.017 for CATEGORY TWO for a period of 36 months following the date of being placed on the convicted vendor list." Page 15 of 32 PSA_CCNA Single Project Agreement_Ver.4 J iiA ARTICLE TWENTY DISPUTE RESOLUTION 20.1. Prior to the initiation of any action or proceeding permitted by this Agreement to resolve disputes between the parties, the parties shall make a good faith effort to resolve any such disputes by negotiation. The negotiation shall be attended by representatives of CONSULTANT with full decision-making authority and by the COUNTY's staff person who would make the presentation of any settlement reached during negotiations to the COUNTY for approval. Failing resolution, and prior to the commencement of depositions in any litigation between the parties arising out of this Agreement, the parties shall attempt to resolve the dispute through Mediation before an agreed-upon Circuit Court Mediator certified by the State of Florida. The mediation shall be attended by representatives of CONSULTANT with full decision-making authority and by the COUNTY's staff person who would make the presentation of any settlement reached at mediation to the COUNTY's board for approval. Should either party fail to submit to mediation as required hereunder, the other party may obtain a court order requiring mediation under section 44.102, Fla. Stat. ARTICLE TWENTY-ONE IMMIGRATION LAW COMPLIANCE 21.1. By executing and entering into this agreement, the CONSULTANT is formally acknowledging without exception or stipulation that it is fully responsible for complying with the provisions of the Immigration Reform and Control Act of 1986 as located at 8 U.S.C. 1324, et seq. and regulations relating thereto, as either may be amended. Failure by the CONSULTANT to comply with the laws referenced herein shall constitute a breach of this agreement and the COUNTY shall have the discretion to unilaterally terminate this Agreement immediately. Page 16 of 32 PSA_CCNA Single Project Agreement_Ver.4 i1A IN WITNESS WHEREOF, the parties hereto have executed this Professional Services Agreement the day and year first written above. ATTEST: BOARD OF COUNTY COMMISSIONERS FOR COLLIER COUNTY, FLORIDA Crystal K. Kinzei, Clerk 01.Courts & Comptroller (- , :�._ OAP Date. William L. McDaniel, Jr., Chairman Attest as to Ch irman's signatuiTe only. Appro : as to Form and Legality: _,' A, County Attorney ak.kM f\-slnka, Name ` \� \A- Consultant: Consultant's Witnesses: Johnson Engineering, Inc. By: /1/1..q 944 Wit ss I Vk i1-1 Az1G- PRQJ EGT HA ft 1ck y k ` vts142N Name and Title Name and Title1,7fi6i/ I Witne s Name and Title Page 17 of 32 PSA_CCNA Single Project Agreement_Ver.4 Q6, �4� t1A SCHEDULE A SCOPE OF SERVICES El following this page (pages 1 through 19 ) Page 18 of 32 PSA_CCNA Single Project Agreement_Ver.4 1 i 4 Request for Professional Services (RPS) #21-7881 "Design Services for Old Lely Utilities Improvements" SCHEDULE A SCOPE OF SERVICES INTRODUCTION The Engineering and Project Management Division (EPMD) of the Public Utilities Department (PUD)has program areas funded annually for the evaluation and upgrading of the Water,Irrigation Quality (IQ) Water, and Wastewater Systems. Because of the age and condition of the Public Utilities infrastructure in Old Lely neighborhood,a program has been established to systematically replace existing aging water and wastewater systems and the potential of adding additional wastewater and IQ water piping. To minimize construction related impacts to the neighborhood, potable water, wastewater, irrigation quality water, stormwater management infrastructure, and sidewalks will be performed concurrently. The Stormwater Management (SWM) and Transportation Planning sections of the Growth Management Department (GMD)join with PUD infrastructure renewal projects to deliver a complete infrastructure replacement project. The Old Lely system is generally comprised of the following infrastructure: • 10 miles of roadway • 52,000 linear feet of gravity sewer • 71,000 linear feet of water main • 17 wastewater pump stations • 51,000 linear feet of wastewater force main • 7,400 linear feet of irrigation quality water main f!.4. ' p 1, otl IINr Hol"�'OR }s C' 3 'e m 4' 4 ,,1. I� > l D fMo}O LNs SwF of °x t$ Menton LN r •�1`,,,e , f !..f wootl LN F„14 a N }:1 k # ' ' i%[ K� SI-APPbe LN'r a V1-7, 1 T, f'1, , 3 R e BLVD� ,� . 000 �_RaW ke Hamnio� Y: t.,%..4ka fill_ i F Ln Qe ('.? `' L ( ly F � '' 111 .r` 4 � iN :„AL. CDR .7,=1k1'-'94--4V1,4e7(.,'.16.-°,:Z.4.fl,,;.2,•A,,,,t 1,,`fa,'K-,7 4t,1i.!',.ifr..,l.v.-,,.1-J,,;vr'i-(,t''':''.,-k,:..-k1:,'Z,„°,1•i',;;",,', ,, �"4t��'_ r dfi. r 0 „.J� y +„ „4, /.. A, 'x > 4e. p Pine Valley'C/,Q k,p 9 0 % t'r _i} �7 Confeoe et DR , 5,+kg34. 2m� 14, tc,. 3 `�" :� J6 ��i."i �� arc �F 5t}F,� /.m f E` Old LelyUtilityImprovements '° ks ��o '`r P '�, x �0 5 a, c, 5 t `: General Project Area , ,�a * ,4c e Figure 1:General Project Area Page 1 of 19 Schedule A—Scope of Services 1 1 A Request for Professional Services (RPS) #21-7881 "Design Services for Old Lely Utilities Improvements" DETAILED SCOPE OF WORK GMD and PUD is contracting with Consultant to develop and implement infrastructure improvements in the Old Lely neighborhood located between Rattlesnake Hammock Road to the north, US-41 to the west, Rattlesnake-Hammock Slough to the east, and the Naples Manor North Canal to the south.This contract is anticipated to required 11 years to complete. The Consultant will provide design project management consisting of, but not be limited to, the following: a. Attend progress meetings with PUD and GMD staff as needed b. Attend public informational meetings with PUD and GMD staff as needed c. Graphics/exhibit and PowerPoint presentation preparation d. Project phasing for Construction e. Progress meeting assistance f. Public meeting assistance g. Project management assistance h. Project management plan preparation i. Public Relations assistance j. Infrastructure Modeling k. Infrastructure preliminary design 1. Infrastructure design m. Subsurface investigations of underground utilities n. Geotechnical surveys o. Land surveying p. Permitting q. Bid package per phase Attend Project Design Progress Meetings:Design meetings with PUD and GMD representatives will be conducted, as requested by the Project Manager, throughout the program to keep staff informed of the project progress, to make certain that the Engineer is productively conducting its consulting services and to obtain input and direction as required for outstanding project issues. A firmed day and time will be established for all progress meetings. Meeting objectives will be to provide progress updates and, reach decisions on pertinent issues relative to the specific topics being addressed. The CONSULTANT will prepare and distribute agendas and minutes for each meeting incorporating agenda items and meeting minute corrections provided by PUD and GMD staff. Agendas will be submitted to the project delivery team at least two days prior to the meeting. Draft minutes will be submitted to the team no more than two working days following each meeting; staff will provide comments no more than two working days after receipt of draft minutes. Comments from the Project team will be incorporated, and the minutes will be revised and redistributed. Page 2 of 19 Schedule A—Scope of Services ��as CIA Request for Professional Services (RPS) #21-7881 "Design Services for Old Lely Utilities Improvements" TASK 1.0: PRELIMINARY ENGINEERING DESIGN Task 1.1 —Project Start-up a. Initial Kick-Off Meeting — The CONSULTANT will organize an initial kick-off meeting with PUDand GMD staff to review the project scope, project objectives/goals, project standards and project schedule for completing the work, this effort should also include the reviewof fund available sources. The CONSULTANT team shall prepare a project agenda and written meeting minutes summarizing the discussion and project action plan. b. Utility Master Plans — The CONSULTANT team will review the CCWSD's utility master plans prior to the kick-off meeting to determine if any master plan work is required in or around the project area. c. Initial Project Timeline — CONSULTANT team will prepare an initial project timeline and submit to PUD and GMD staff at the Initial Kick-Off Meeting. The CONSULTANT team shall update the schedule throughout the duration of the project and shall provide a copy of the updated schedule to PUD and GMD staff at their request. The CONSULTANT team will inform the Project Manager if delays are anticipated and advise what action is needed to conform to the project timeline. Task 1.1 Deliverables: Kickoff Meeting Agenda, Meeting Minutes, Initial Project Schedule Task 1.2—Preliminary Engineering Report/Hydraulic Analysis a. Gather and review record drawings of existing utilities including all stormwater components, existing sidewalks and driveways along the project corridor. b. Prepare a hydraulic model by developing a pipe and node schematic of the proposed water main system based on the selected preliminary layout. Modeling program shall be InfoWater or compatible. c. Prepare a hydraulic model by developing a pipe and node schematic of the proposed force main system based on the selected preliminary layout. Model will include the force main network connecting multiple pump stations including all pump stations within the Old Lely project area. Modeling program shall be InfoWater or compatible. d. Assist PUD staff with collecting and providing historical operating data as needed. The data to be collected and reviewed shall include: • Recent pump down test performed on stations • Existing valve conditions for Water and Wastewater infrastructure • Elapsed time meter data collected from Operations staff • Water bills • Record drawings and pump curves of existing pump stations; and • Available SCADA information. Page 3 of 19 Schedule A—Scope of Services 11 A Request for Professional Services (RPS) #21-7881 "Design Services for Old Lely Utilities Improvements" e. With assistance from PUD staff,install pressure data loggers on existing water main system along the project corridor to establish existing pressure conditions. Pressure will be collected for one(1)week using acceptable pressure transducers that will be installed on water air release valves or hydrants.This Task includes setting up and installing pressure transducers on air release valves or hydrants,downloading data and providing graphical results to PUD. f. Utilizing information gathered in Task e, calibrate the water model by comparing model results to field collected data. Adjust parameters representing the system until model- predicted performance reasonably agrees with measured system performance over a wide range of operating conditions. g. With assistance from PUD staff, install level transducers in wet wells of CCWSD owned and maintained pump stations within the project area,to monitor water levels. Data will be used to calculate flow rates for a period of one week during the dry season and one week during the wet season, or as accepted by EPMD including pumping rates and inflows. A. diurnal flow curve will also be generated using the collected wet well data. Task includes setting up and installing low pressure transducers in pump station wet wells, downloading data and provide graphical results to PUD. PUD staff will provide CONSULTANT access to pump station sites. This scope includes evaluating all pump stations within the Old Lely project area. h. With assistance from PUD staff, install pressure data loggers on existing force main system along the project corridor and simultaneously with the wet well testing to establish existing pressure conditions. Pressure will be collected for one (1) week using acceptable pressure transducers that will be installed on wastewater air release valves or pump station pump outs.This Task includes setting up and installing pressure transducers on air release valves or pump station pump outs, downloading data and providing graphical results to PUD. i. Utilizing information gathered in Tasks 1.2.g. and 1.2.h., calibrate the wastewater model by comparing model results to field collected data. Adjust parameters representing the system until model-predicted performance reasonably agrees with measured system performance over a wide range of operating conditions. j. Based on the model results in Task 1.2.i., evaluate pump stations within the Old Lely project area to determine, if possible, that upgrades are necessary to accommodate the proposed new improvements. k. Evaluate the feasibility for relocating or eliminating existing lift stations within the project area. 1. Evaluate the feasibility of installing fiber conduits and cable to connect the lift stations within the project area and loop the system with existing fiber cable infrastructure adjacent to the project boundaries. Coordinate with the County's Information technology Department to identify the nodes to connect to. m. Evaluate the alignment of fiber cable conduits within the project boundaries. n. Propose the stormwater quality treatment concepts to be utilized. Page 4 of 19 Schedule A—Scope of Services Cqo. i1A Request for Professional Services (RPS) #21-7881 "Design Services for Old Lely Utilities Improvements" o. Propose the drainage and stormwater management concepts to be utilized and lay out(plan and profile views). p. Prepare a link/node model of the stormwater system for flow characteristics and level of service(modeling program to be one-dimensional ICPR4),and water quality enhancement (Harvey Harper methodology) including the following: 1. Existing Conditions Analysis Development: • Using LIDAR data and GIS processing to establish flow paths and sub- basin delineation. Utilize standard surveying methods to check key locations and/or where LiDAR does not produce sufficient definition and/or accuracy to reflect existing conditions. • GIS processing to establish stage/storage relationships and other in- basin parameters that control runoff. • Perform the necessary research to identify data needed to develop existing conditions analysis. • Definition of link/node network and compilation of structure data to be included in the analysis. • Initial analysis runs to troubleshoot and verify that it is numerically stable. • Analysis calibration/verification against known flood elevations, if available. • Model design storms with return frequencies of 5-year, 24-hour; 10- year, 24-hour; 25-year, 72-hour; and 100-year, 72-hour and produce inundation maps in GIS. These will be used to define the predicted extent of flooding in the study area. From these analyses, GMD will be able to state the depth of water over the flooded streets during the storm events and compare that to the County Level of Service criteria. 2. Proposed Conditions Analysis Development(scenarios). • Estimate nutrient removal: Use GIS processing to calculate pollutant load by land use type within each sub-basin for the existing conditions analysis. • Evaluate nutrient removal for proposed conditions. • Present pre and post conditions evaluation for flooding and water quality.Pre and post condition analysis will include a description of the expected benefits as a result of the proposed improvements compared to the existing conditions. • The stormwater hydraulic modeling analysis will include the entire Project area. The analysis outside the limits of the Project area assumes Collier County and/or the Big Cypress Basin/South Florida Water Management District will provide current hydraulic analysis data/reports of the receiving canal. q. Analyze and assess existing conditions of major stormwater structures/facilities (e.g., stormwater outfall pipes) Page 5 of 19 Schedule A—Scope of Services - Ct i1A Request for Professional Services (RPS) #21-7881 "Design Services for Old Lely Utilities Improvements" r. Analyze existing sidewalks conditions and propose new sidewalks within the project area. s. Analyze and asses existing condition of the 30" PVC IQ main and the 36" Ductile Iron Force Main along St Andrews Blvd. t. Gather and analyze information about septic tanks within the project area and, if they exist, propose conversion of septic tanks to County Sewer system. Provide a list of grants available for this effort, if applicable. u. Review CCWSD's potable water, wastewater and irrigation quality water systems to identify and recommend improvements that fall inside the project area. Review will include: • Water System - Review master plan to determine any planned improvements and interview PUD operations staff to determine existing size, material and any current issues. Soft dig information will also be used to determine size and condition. • Wastewater System -Review master plan to determine any planned improvements, interview PUD operations staff to determine existing size,material and any current issues. • Irrigation Quality Water - Review master plan to determine any planned improvements, interview PUD operations staff to determine existing size, material and any current issues. Evaluate the feasibility to provide IQ water service to the area and, evaluate current IQ water system including supply source(s). v. Prepare a Preliminary Engineering Report. The report shall consist of, but not limited to, the following sections, incorporating results of previous tasks herein: • Section 1 -Executive Summary • Section 2 -Introduction • Section 3 -Existing Water Facilities Testing • Section 4 -Existing Wastewater Facilities Testing • Section 5 - Review of Existing Water, Wastewater, and Irrigation Quality Water Infrastructures • Section 6 -Water Hydraulic Model Results • Section 7 - Wastewater Hydraulic Model Results • Section 8—Stormwater Management Hydraulic and Hydrologic Modeling Results and Proposed Stormwater Facilities Plan • Section 9—Propose sidewalks • Section 10 -Project Phasing Plan • Section 11 -Preliminary Cost Estimate • Section 12 - Summary and Recommendations w. CONSULTANT will submit draft copies of the Preliminary Engineering Report to PUD and GMDstaff for review. x. The CONSULTANT will organize and conduct a meeting with PUD and GMD staff to discuss the Preliminary Engineering Report. Revise Report as required to reflect Page 6 of 19 Schedule A—Scope of Services FAO 1 1 A Request for Professional Services (RPS) #21-7881 "Design Services for Old Lely Utilities Improvements" comments. CONSULTANT will submit final report and electronic files containing the final report in PDF format. Task 1.2 Deliverables: Water System Hydraulic Model, Wastewater System Hydraulic Model, Stormwater System Hydraulic Model, Preliminary Engineering Report. Task 1.3—Surveying Services Tasks may include, but are not limited to: a. Establish vertical and horizontal controls throughout project area. Horizontal data will be in feet and shall be projected on the Florida State Plane Coordinate System, East Zone, NAD83(2011). Vertical data will be in feet and shall be referenced to the North American Vertical Datum of 1988 (NAVD88). The conversion from NAVD 1988 to NGVD 29 will be clearly identified on each plan sheet. • The CONSULTANT shall collect horizontal and vertical data of existing visible above-ground improvements and existing visible above-ground utilities within the right-of-way of the roadways within the project limits. The CONSULTANT shall measure cross-sections at 50-foot intervals. • The CONSULTANT shall establish the right-of-way lines for that part of the above referenced corridors, and adjacent lot lines based on original plats and Collier County geographic information systems linework. b. Submit an AutoCad file (dwg format - version 2020 or greater) of the topographic survey to PUD and GMD staff. The topographic map shall include the latest aerial photography as a background. Task 1.3 Deliverables: Topo Survey AutoCAD Drawing. Task 1.4- Geotechnical Investigation a. Perform one hundred and one (101) Auger Boring to a maximum depth of 15 feet and fifteen (15) Standard Penetration Test (SPT) borings to a depth of 25 feet within project area to install proposed utility line(s), stormwater structures and pipes. Soil borings shall be completed as per the latest ASTM standards. b. Prepare a complete geotechnical investigation report detailing soil conditions, water table elevations, soil classifications, rock elevation and other items that will affect the construction. Report shall also include recommendation from a licensed geotechnical engineer in the State of Florida on bedding material, subsurface conditions and any other items that pertain to the construction project. c. CONSULTANT team shall submit two (2) signed and sealed reports to PUD and GMD Staff. Task 1.4 Deliverables: Subsurface Soil Exploration Report. Page 7 of 19 Schedule A—Scope of Services 1 1 A Request for Professional Services (RPS) #21-7881 "Design Services for Old Lely Utilities Improvements" Task 1.5- Soft Dig Investigation a. Perform up to two hundred (200) hours of ground penetrating radar (GPR) to determine the horizontal location of the existing utilities within the project area. b. Meet with PUD staff to review and propose soft dig locations and once agreed upon, provide an exhibit of the soft dig locations. c. Meet with PUD Staff on-site to review procedures to complete the soft dig investigations. d. Perform up to one hundred and fifty (150) soft dig digs on existing utilities within the project area to include, but not be limited to, horizontal and vertical location of existing utility pipe, type of utility pipe, size of utility pipe, and utility pipe material. CONSULTANT team willcall Sunshine 811 if the utility mark-ups need to be refreshed. Soft dig investigations shall be performed using an approved air/vacuum piece of equipment that will keep the disturbance to a minimum and shall not damage any existing facilities. e. Field mark all existing utilities found either by wooden lathes or by marking on the pavement (paint). All paint marks need to remain during the design phase, but lathes need to be removed after the final plans have been approved. f. CONSULTANT team shall repair all excavation holes in the natural ground to a condition as equal toor better than the original condition. g. CONSULTANT team shall provide one (1) full size, one (1) half size plan and AutoCad file (dwg format -version 2020 or greater) of the soft dig investigation in the project area to PUD and GMD Staff. Task 1.5 Deliverables: Soft Dig Investigation Exhibit. Task 1.6-30% Plans Preparation The CONSULTANT shall prepare 30% construction plans based on the approved preliminary engineeringreport. a. Incorporate all record drawings within the project area and the soft dig investigation into the 30%construction plans. b. Incorporate the boundary and topographic survey into the 30%construction plans. c. Prepare 30%construction plans detailing the proposed running line within the project area. Include on these plans the survey work, soft dig investigation work, any pertinent geotechnical information and the aerial photo in the background.The profile view does not need to be completed. d. Submit one electronic file in PDF format, three (3) full size and one (1) half size of the Page 8 of 19 Schedule A—Scope of Services • p, �AO iIA Request for Professional Services (RPS) #21-7881 "Design Services for Old Lely Utilities Improvements" 30% construction plans at least two (2) weeks prior to the meeting with PUD and GMD Staff. e. Organize and conduct a 30%plan review meeting with PUD and GMD staff to discuss the preliminary construction plans. Revise construction plans as required to reflect PUD and GMD comments. The CONSULTANT will compile the minutes of meeting and a Comment Tracking Log which includes a list of comments, the individual's name who provided the comment,the division, and the response to the comment if it will be included in the 60%Phase. f. Submit a phasing plan to PUD and GMD staff for review and approval. Phasing Plan shall include construction costs for each phase. Task 1.6 Deliverables: 30% Construction Plans. Task 1.7—Public Involvement#1 CONSULTANT and their subconsultant(s)shall complete all required public involvement services throughout the preliminary engineering design phase upon request of the Project Manager. Work under this item is to include, but not limited to, the following: a. Preparing a comprehensive mailing list for all property and business owners and tenants who will be affected by the construction with limits as shown on the most current set of construction documents. b. Preparing informational newsletters which describe the project and addresses frequently asked questions as required. c. Press releases as required for notifications to the public. d. Establishing and maintaining a public"Hotline" and email inbox. Coordination with PUD staff will be included. e. Maintaining the Project Customer Service Log using the PUD provided template. f. Early coordination with all stakeholders(e.g., golf courses and others) g. Respond and record all public concerns and requests. h. Attending all design progress meetings, for the duration of the design. i. Secure sites, develop public meeting invitation(s), prepare legal advertisement(s), develop meeting materials, attend the meetings, and set up cleanup for the meeting(s). The meetings will be a hybrid of in-person with a virtual video conference attendance option. j. Create a website page for the Project and update it as needed during the Design Phase. k. CONSULTANT, PIO, and CONSULTANT's Landscape Architect and Arborist will Page 9 of 19 Schedule A—Scope of Services SAC 1 I A Request for Professional Services (RPS) #21-7881 "Design Services for Old Lely Utilities Improvements" attend the meetings with the residents and the stakeholders to discuss landscaping concerns and address landscaping item replacements and restorations. 1. Prepare conceptual photo rendering exhibits of specific pump station sites showing the anticipated layout and visual concept of the sites to present to stakeholders.The Consultant will prepare up to forty (40) conceptual 24"x36" site plans/exhibits. The Exhibits shall be mounted on hard backing material and be used for meetings with the Old Lely stakeholders to convey the intent of the project. Task 1.7 Deliverables: Mailing List, Press Release, Newsletter, Hotline and Email Inbox, Website Page, Photo Rendering. TASK 2.0: DESIGN Task 2.1 -Final Design (60%,90% & 100% Submissions) a. On the basis of the accepted Preliminary Engineering Report, Phasing Plan, and 30% Construction Plans, the CONSULTANT will prepare final drawings and specifications, which providethe general scope, construction details, and limits of construction work for the Contractor.The Consultant will prepare and submit drawings and specifications at the 60-, 90- and 100-percent complete stages for review and approval. An engineer's opinion of construction cost estimate will accompany each submittal. The CONSULTANT shall meet with the PUD's design and operations staff and the GMD's stormwater and transportation planningstaff at each stage, prepare a Comment Tracking Log as described above and obtain their written acceptance (signature approval) of the work completed to date. b. The Technical Specifications will be based on the 16-Division format of the Construction Specifications Institute (CSI) in MS Word format. In addition to the Technical Specifications, The CONSULTANT will coordinate with the PUD and the GMD staff to develop/modify the General Conditions, the Supplemental Conditions, and the Special Provisions Specifications. Application of all lessons learned of similar completed projects will be considered.The Standard Collier County Specifications may be used for reference, but the Engineer shall not rely on them as a replacement for sound engineering judgment and responsibility.The Stormwater Management specifications shall be in accordance with current Collier County specifications, including current County Right-of-Way Construction Specifications. The bid Documents shall include drawings and project specifications ready for construction, consistent with Collier County standards, including, but not limited to, the following or as approved by the Project Manager: • Cover sheet, index and key map. • Civil Site Plan including fencing and landscaping. • Existing Conditions map • Civil Details • Demolition Plan • Infrastructure Plan and Profile • Details • Operational Contingency Plans Page 10 of 19 Schedule A—Scope of Services 1 1 A Request for Professional Services (RPS) #21-7881 "Design Services for Old Lely Utilities Improvements" c. Furnish copies of Contract Documents that include engineering drawings and specifications. Present and review them in person with PUD and GMD staff at the agreed upon completion stages in the project and make appropriate changes requested. d. The CONSULTANT shall perform Quality Control/Quality Assurance (QC/QA) prior to submission of each design submittal (60-, 90-, and 100 percent) including all reports, design documents(drawings and specifications), technical calculations, constructability; conformance with engineering standards, conflicts of existing and/or proposed facilities and related factors. A Registered Professional Engineer in the State of Florida from CONSULTANT's subconsultant's firm will perform the QC/QA for Consultant's designs and reports. e. The CONSULTANT shall assist EPMD and GMD in the application process for grants, if applicable. Task 2.1 Deliverables: 60%, 90%, and 100% Construction Plans, Technical Specifications Package, Contract Documents Package. Task 2.2 -Permitting a. The CONSULTANT shall prepare applications for all GMD's Right-of-Way permits, Insubstantial Change to a Site Improvement Plan when required from Collier County Growth Management Division and respond to requests for additional information. Permitting feeswill be paid by EPMD. b. The CONSULTANT shall prepare a permit application for submittal to the Florida Department of Environmental Protection (FDEP) and provide backup documentation including drawingsand specifications, if applicable, respond to all Request for Additional Information (RAI) from the FDEP. Permitting fees will be paid by the CONSULTANT team and reimbursed by EPMD. c. The CONSULTANT shall prepare the South Florida Water Management District (SFWMD) Individual permit and dewatering permit (less than 1 year). (Optional, depending on construction scheduling). d. Offsite discharge of produced groundwater requires submittal of a Notice of Intent (NOI) through the FDEP NPDES program. The NOI that will be signed by the Owner/Applicant requires certification that contaminants are not present in groundwater. The application letter will include the dewatering plan details, temporary storage/treatment of dewatering effluent for turbidity, the location of offsite discharge points and a review of potential contaminated sites from FDEP database. FDEP offsite discharge permits have a duration of 5 years. The CONSULTANT shall prepare the of Notice of Intent (NOI) to use the Generic Permitfor Discharge of Ground Water. e. Master Dewatering Permit: The CONSULTANT will prepare an application for a Mater Dewatering Permit through the SFWMD, for all phases of construction. The application will request apermit duration of 10 years. The CONSULTANT will assist with requesting Page 11 of 19 Schedule A—Scope of Services • CAO I I A Request for Professional Services (RPS) #21-7881 "Design Services for Old Lely Utilities Improvements" offsite discharge authorization, if necessary. The CONSULTANT will prepare up to 8 Master Dewatering Permit updates with site specific dewatering plans, and engineering drawings depicting dewatering effluent routing, discharge points, turbidity control measures, etc. for specific phases of the project prior to construction. f. The CONSULTANT shall ensure that all documents required to apply for the permit are complete prior to submission to the oversight agency to minimize the time and the process to obtainapprovals. g. The CONSULTANT shall prepare a Permit Tracking Log to track all permits for the project and ensurethat all permits are current and renewed in a timely manner. Task 2.2 Deliverables:Permit Applications, Letter of Intent, Permit Tracking Log. Task 2.3-Bidding and Award With the exception of the following, bid/quote services will be performed by the Collier County Procurement Department. CONSULTANT will assist the County with the services listed below for up to ten (10) separate bids. a. The CONSULTANT shall assist in preparing addenda, as required, to interpret, clarify, or expand theBidding Documents. b. The CONSULTANT will advise the County as to the acceptability of the contractor and subcontractors, suppliers and other persons and organizations proposed by the Prime Contractor for those portions of the work as to which such acceptability is required by the Bid Documents. c. Consult with the County concerning,and determine the acceptability of, substitute material and equipment proposed by the Contractor when substitution prior to the award of contracts is allowed by the Bid Documents. d. Attend pre-bid/quote conferences. e. Attend bid openings, review bids, qualifications. f. Perform a Bid Analyses and Provide recommendation letters of award along with a "Reference Logs" showing date, time, and comments of all contacted references provided by the prospective contractor. Task 2.3 Deliverables: Bid Addenda, Bid Analysis, Letter of Recommendation for Award, Reference Log. Task 2.4-Public Involvement#2 The CONSULTANT and its subconsultant(s) shall complete all required public involvement Page 12 of 19 Schedule A—Scope of Services LAO 1 1 A Request for Professional Services (RPS) #21-7881 "Design Services for Old Lely Utilities Improvements" services throughout the design phase. Work under this item is to include, but not be limited to, the following: a. Update the comprehensive mailing list for all properties, including owners of residential and commercial, and their tenants who will be affected by construction as shown on the most current set of construction drawings. b. Prepare the informational newsletter(s) which describes the project and addresses frequently asked questions. c. Notify the public through Press releases as necessary. d. Establish and maintain a public"Hotline."Coordination with PUD staff as required. e. Maintain the Project Customer Service Log using the PUD provided template. f. Respond and record public concerns and requests. g. Attend design progress meetings, as needed, for the duration of the design. h. Secure site, develop public meeting invite(s), prepare legal advertisement(s), develop meeting materials, attend, and set up/cleanup for the design public meeting(s). The meetings will be a hybrid of in-person with a virtual video conference attendance option. i. Update and maintain a website page for project as needed. j. CONSULTANT, PIO, and CONSULTANT's Landscape Architect and Arborist will attend meetings with the residents and stakeholders to discuss their concerns and address landscape replacement andrenovations. k. Prepare conceptual photo rendering exhibits of specific pump station locations showing the anticipated layout and visual concept of the sites to present to stakeholders. Prepare up to twenty (20) conceptual 24"x36" site plans/exhibits. Exhibits shall be used for meetings with the Old Lely stake holders to convey the intent of the project. Task 2.4 Deliverables: Mailing List, Press Release, Newsletter, Hotline and Email Inbox, Website Page, Photo Rendering. TASK 3.0—POST DESIGN(CONSULTATION SERVICES DURING CONSTRUCTION) Task 3.1—Construction Administration a. Pre-Construction Meeting - The CONSULTANT will chair the pre-construction meeting to review the project scope, discuss project submittals and identify issues that need to be addressed prior to the project starting. The CONSULTANT will prepare a DRAFT Agenda at least two business days in advance of the pre-construction meeting and issue written meeting notes identifying a summary of the discussion, conclusions and any risks Page 13 of 19 Schedule A—Scope of Services CAO 1 1 A Request for Professional Services (RPS)#21-7881 "Design Services for Old Lely Utilities Improvements" that have been encountered or are expected within two days after the meeting to the Project Delivery Team. b. Construction Progress Meetings — The CONSULTANT will chair the weekly/bi-weekly progress meetings to review project status and identify issues that may affect the Project. The CONSULTANTwill prepare a DRAFT Agenda at least two business days in advance of each meeting and issue written meeting notes identifying a summary of the discussion, conclusions and any risks that have been encountered or are expected within two days after the meeting to the Project Delivery Team. c. Shop Drawing Reviews — The CONSULTANT shall review and approve (or take other appropriate action in respect of) Shop Drawings, material samples and other data which Contractor is required to submit, but only for conformance with the design information given in the Contract Documents and compatibility with the design concept of the completed project as a functioning whole as indicated in the Contract Documents. Such reviews and approvals or other action will not extend to means, methods, techniques, sequences or procedures ofconstruction or to safety precautions and programs incident thereto. CONSULTANT shall not be required to review partial submissions or those for which submissions of correlated items have not been received. Maintain a complete log of all submittals of shop drawings, notingthe dates of first submittal and subsequent reviews and resubmittals, approval, etc. d. As-Equal Materials - CONSULTANT shall evaluate and determine the acceptability of substitution or"as-equal"materials and equipment proposed by Contractor. e. Project Schedule - The CONSULTANT shall be responsible for the review and acceptance of the Contractor's progress schedule. The CONSULTANT shall review the schedule to ensure that all general work efforts are addressed, that the schedule is following a logical approach to the job, that it is following sound engineering and construction practices and that it identifies all critical path work. The CONSULTANT shall monitor the schedule on a monthly basis, and after a review with the County and Contractor, advise the Project Manager of any areas where the Contractor appears to be falling behind. f. Project Pay Applications - The CONSULTANT shall review and approve/reject any payment requested by the contractor in an Application for Payment before the pay application is submitted to the Clerk's office. Payment shall constitute a representation by the CONSULTANT to PUD and GMD based on the CEI Inspector's daily reports of the work in progress. The CONSULTANT is an experienced and qualified construction professional and based on the CONSULTANT's review of the applications for payment and the accompanying data and schedules that the work has progressed to the point indicated; that to the best of the CONSULTANT's knowledge, information and belief, the quality of the work is in accordance with the Contract Documents and that the Contractor is entitled/not entitled to the payment. The CONSULTANT will process pay requests in accordance with the Florida Prompt Payment Act. All incoming pay requests processed by the CONSULTANT shall be mechanically stamped with the date received. Page 14 of 19 Schedule A—Scope of Services , cAo 11A Request for Professional Services(RPS) #21-7881 "Design Services for Old Lely Utilities Improvements" g. Request for Information (RFI)- The CONSULTANT shall review and respond to all Requests for Information that the Contractor submits. If required by PUD and GMD staff, CONSULTANT shall revise construction plans based on response to RFI. Maintain a complete log of all RFIs, noting the dates of first submittal and subsequent reviews and resubmittals, approval, etc. h. Change Orders & Work Directives — The CONSULTANT shall prepare all Change Orders and WorkChange Directives during the project for the Project Manager's review and approval. i. The CONSULTANT shall review the pre-construction video and picture assessment book provided bythe contractor. Generate a list of issues and submit it to the Project Manager no later than two (2) business days after receiving the materials from the contractor. j. Material Testing Records — The CONSULTANT shall maintain records of all density, material sampling and testing and analyze such records as required to ascertain their acceptability. The field reports for records of work and testing results shall be submitted to the Project Manager within one week from receiving them from the contractor. k. Preparation of Monthly Report — The CONSULTANT shall prepare a monthly report of all the construction activities completed. Sections in the report should include, but not limited to,Executive Summary, Contract Cost Status, Project Schedule, Critical Issues, RFI Status, Submittal Status, Permit Log, Allowance Log, Project Payment Application and Inspection Reports and Project Photos. 1. Permit Requirements — The CONSULTANT shall monitor the construction contract to conform to the requirements of all permits. The CONSULTANT shall notify the Contractor of any violations or potential violations and require immediate resolution of the problem. The CONSULTANT must report all violations to the Project Manager immediately. m. Florida Department of Environmental Protection Certifications - The CONSULTANT shall prepare and submit certification packages to the Florida Department of Environmental Protection for the completed sections of the CCWSD'S water and wastewater systems. n. Final Construction Certification — Upon issuance of a "notice of final acceptance and recommendation for final payment"the CONSULTANT will provide a signed and sealed certification stating that the Project has been completed by the construction contractor in accordance with the Plans and Specifications of the Contract Documents as amended by the CONSULTANT. All services related to the Final Construction. The CONSULTANT shall provide the Certification to the Project Manager. o. Asset Management Record Information — CONSULTANT shall provide the completed electronic format stipulated by PUD staff required to populate the PUD's GIS and Asset Management system at time of project completion. CONSULTANT shall provide the completed electronic format stipulated by GMD staff required to populate the GMD's Page 15 of 19 Schedule A—Scope of Services ! 11A Request for Professional Services (RPS) #21-7881 "Design Services for Old Lely Utilities Improvements" GIS and Asset Management system at time of project completion. p. Record Drawings—The CONSULTANT shall provide digital as-built record drawings in AutoCad (version 2020 or greater) and PDF format based on certified survey drawings provided bythe Contractor that have been signed and sealed by a surveyor licensed in the state of Florida. q. Final Project Submittal—The CONSULTANT shall provide PUD with one complete file, itemized and indexed, of all project records at the completion of the Project. The CONSULTANT shall provide GMD with one complete file, itemized and indexed, of all project stormwater and sidewalkrecords at the completion of the Project. Task 3.1 Deliverables: Meeting Agenda, Meeting Minutes, Monthly Report, Record Drawings, Final Project Certification and Submittal. Task 3.2—Construction Inspection and Documentation The CONSULTANT's inspector (Construction Inspector) shall observe construction and testing activities at critical times during construction and as directed by the Project Manager, including rehabilitation work, material testing, connections, equipment startups, etc. The County's Construction and Engineering Inspection (CEI) team (not part of this contract) will provide the CONSULTANT with all construction/testing reports and photos on a daily basis. The CONSULTANT shall maintain both a hard copy and an electronic copy in the project file which shall be given to PUD staff upon completion of theproject. Similarly, The CONSULTANT shall submit complete copies of stormwater and sidewalk documentation to GMD staff upon completion of the project. The CONSULTANT's inspector will provide the services outlined below.Note that Construction Engineeringlnspection (CEI) is not part of the Specifications or Scope of Work stated herein and will be provided by others under a separate contract. a. Construction/Testing Observation — The Construction Inspector will conduct on-site observations and inspections of construction/testing activities at critical times during construction on the Project on a part time basis, up to 16 hours per week, unless directed otherwise by the Project Manager, and will coordinate with the County's CEI inspector, to ensure that all work is completed in accordance with the Contract Documents. The CONSULTANT will be responsible for investigating the concern or issue and resolving the same through a written directive to the construction contractor and so inform the Project Manager and theConstruction Inspector in writing. This protocol will be initiated at any time the Construction Inspector becomes aware of any construction work that is unsatisfactory, faulty or defective, does not conform to the Contract Documents, does not meet the requirements of any inspections, tests or approvals, or has been damaged before final payment. b. General Coordination—The Construction Inspector will coordinate activities related to the Project between the construction contractor, the CONSULTANT and the Project Manager. The Construction Inspector will assist with substantial and final completion inspections, and prepare and maintain the punch list, including follow-up inspections to Page 16 of 19 Schedule A—Scope of Services �� i 1 A Request for Professional Services (RPS) #21-7881 "Design Services for Old Lely Utilities Improvements" ensure that the punch list items are corrected and/or completed. c. Observe Regulatory Agency Inspections — The construction inspector will accompany visiting inspectors representing any regulatory agencies having jurisdiction over the Project and will record all discussions and the outcome of these regulatory inspections in the logs. The inspector shall notify the Project Manager immediately and prior to any such inspections. d. Substantial Completion Inspections—The Construction Inspector will conduct substantial completion inspections when requested by the contractor and after the CONSULTANT confirms that the work is sufficiently complete to warrant a substantial completion inspection. During the substantial completion inspection, the Construction Inspector will prepare a punch listof items requiring completion or correction to the satisfaction of the CONSULTANT and the Project Manager. The Construction Inspector will be responsible for maintaining the punch-list and issuing updates to the punch-list on a weekly basis. The Construction Inspector will coordinate and participate in the final walk-through to ensure that the punch-list items are completed to the satisfaction of the CONSULTANT and the Project Manager. All services related to the Substantial Completion Inspection shall be provided in writing with pictures to the Project Manager. e. Final Completion Inspection - Upon the request of the Contractor and concurrence confirmation of the CONSULTANT and the Project Manager, the Construction Inspector will conduct final inspections of the project to determine if construction has been completed in accordance with the Contract Documents. Based on the results of the final inspection, the CONSULTANT, Project Manager, and the Construction Inspector will determine if the work is complete or not complete. If the work is confirmed complete, the Construction Inspector will issue a "notice of final acceptance and recommendation for final payment". If the work is not complete, the Construction Inspector will issue written instructions to the Contractor identifying the work not complete. Upon confirmation by the Contractor that the deficiencies have been completed,a second final inspection will be scheduled to verify that the outstanding issues have been resolved and the Construction Inspector can issue a "notice of final acceptance and recommendation for final payment". All services related to the Final Completion Inspection shall be provided to the Project Manager. f. Drone Video and Photo Aerial Recording: The CONSULTANT shall conduct drone surveys of the Old Lely project area. The CONSULTANT shall download and process the data collected to prepare digital video and digital photographs file to document the existing conditions and construction progress. The digital photos and/or video file along with an Adobe PDF map identifying the location of each drone video shoot will be provided to the Project Manageron a flash drive or an external hard drive. This does not constitute a survey but is only considered a digital record of the project. 1. Pre-Construction Aerial Recording: The CONSULTANT's drone pilot will perform aerial flights to document and record the existing conditions prior to construction of each phase. Drone flights will record digital video and digital photographs of the existing conditions and may be included in newsletters, public information brochures, and displayed at public meetings. Page 17 of 19 Schedule A—Scope of Services i1A Request for Professional Services(RPS)#21-7881 "Design Services for Old Lely Utilities Improvements" This does not replace the Contractors Pre-Construction and Post- Construction video requirements. Drone pilot shall follow all applicable F.A.A. rules and regulations. 2. Construction Progress Aerial Recording: The CONSULTANT's drone pilot will performaerial flights to documents the construction progress, at critical times during construction and every quarter, or as directed by the Project Manager, duringeach phase of construction. Drone flights will record digital video and digitalphotographs of the construction progress. Digital video and photos will be provided to the Project Manager and may be included in newsletters, public information documents, and displayed at public meetings. Drone pilot shall follow all applicable F.A.A. rules and regulations. Task 3.2 Deliverables: Substantial Completion Inspection, Final Completion Inspection Punch list, Video and Photo Aerial Recording. Task 3.3—Public Involvement#3 Public Involvement — The CONSULTANT and its Subconsultant(s) shall complete all required public involvement services throughout the project. The CONSULTANT will designate a Public Information Officer(PIO) specifically for this project. Work under this item is to include, but not limited to,the following: a. Update and maintain a mailing list for all property including residential and commercial property owners and their tenants who will be affected by construction as shown on the current set of construction drawings. b. Prepare project communication cards to ensure that the public and media are receiving timely and accurate information. Politically sensitive issues shall be immediately brought to the attention of the Project Manager. c. Coordinate with all property owners and public services affected by construction, (e.g., garbage pickup, USPS, public schools(buses), road closure notices by GMD staff, etc.). d. Prepare and send out via email a weekly project update to the project residents/businesses/stakeholders emails list. e. Prepare press releases as necessary for notification to the public of construction activity. f. Contact businesses individually,either personally,by phone,by email,or flyer/door hanger to inform those businesses which will be affected by construction. g. Establish and maintain a public"Hotline"and Coordinate with PUD staff. h. Maintain the Project Customer Service Log using the PUD provided template. i. Respond and record to public concerns and requests. Page 18 of 19 Schedule A—Scope of Services C A-C I 1 A Request for Professional Services (RPS) #21-7881 "Design Services for Old Lely Utilities Improvements" j. Attend weekly/bi-weekly progress meetings, as needed, especially during major construction activities, for the duration of the project. k. Attend other meetings as needed, (e.g., Old Lely Master Association annual meeting). 1. Secure site, develop public meeting invite(s), prepare legal advertisement(s), develop meeting materials,attend, and setup/cleanup for the construction public meeting(s). m. Update and maintain a website page for the project and send out weekly project updates. n. The CONSULTANT, PIO, and CONSULTANT's Landscape Architect and Arborist will attend meetings with residents and stakeholders to discuss their concerns and address landscape replacement andrenovations. Task 3.3 Deliverables:Mailing List, Communication Cards, Press Release, Newsletter, Hotline and Email Inbox, Website Page, Photo Rendering. 3.4—Warranty Services The CONSULTANT and his team will provide warranty services for one (1) year after the final completionof the project construction. Work under this item is to include, but not limited to, the following: a. Post Construction walk thru: The CONSULTANT shall generate a list of warranty issues andcoordinate with the contractor and residents until the issues are solved. b. Review the post construction video and pictures provided by the contractor. c. The CONSULTANT shall keep a log of all warranty issues for one (1) year after the final completion of the project construction, for each phase. The CONSULTANT shall maintain the log regularly and communicate any issues that may be covered under the warranty. The CONSULTANT shall inform the Contractor of such issues and monitor all corrective actions to ensure that the issues areresolved. d. The CONSULTANT shall attend one (1) Year final Warranty walk thru with the Contractor and County Staff, for each phase. Task 3.4 Deliverables: Warranty Log, Punch list. END DETAILED SCOPE OF WORK Page 19 of 19 Schedule A—Scope of Services O 1 1 A SCHEDULE B BASIS OF COMPENSATION 1. MONTHLY STATUS REPORTS B.1.1. As a condition precedent to payment, CONSULTANT shall submit to the COUNTY as part of its monthly invoice a progress report reflecting the Project status, in terms of the total work effort estimated to be required for the completion of the Basic Services and any authorized Additional Services, as of the last day of the subject monthly billing cycle. Among other things, the report shall show all Service items and the percentage complete of each item. 2. COMPENSATION TO CONSULTANT B.2.1. For the Basic Services provided for in this Agreement, the COUNTY agrees to make the payments to CONSULTANT in accordance with the terms stated below. Payments will be made in accordance with the following Schedule; however, the payment of any particular line item noted below shall not be due until services associated with any such line item have been completed or partially completed to the COUNTY's reasonable satisfaction. Lump sum payments will be made upon the percentage complete. In no event shall such Time and Materials compensation exceed the amounts set forth in the table below. Tasks/Item Description Lump Sum Time and Materials Not-To- Exceed 1.0 PRELIMINARY ENGINEERING DESIGN 1.1 Project Start-up $51,152.00 1.2 Preliminary Engineering Report/Hydraulic Analysis $1,309,962.00 1.3 Surveying Services $599,400.00 1.4 Geotechnical Investigation (Sub-Consultant) $60,000.00 1.5 Soft Dig Investigation $187,986.00 1.6 30%Plans Preparation $2,363,120.00 1.7 Public Involvement#1 (Sub-Consultant&Prime) $280,400.00 2.0 DESIGN 2.1 Final Design(60%,90%&100%Submissions) $3,717,877.00 2.2 Permitting $340,814.00 2.3 Bidding and Award $294,168.00 2.4 Public Involvement#2(Sub-Consultant&Prime) $217,252.00 3.0 POST DESIGN (CONSULTATION SERVICES DURING CONSTRUCTION) 3.1 &3.2 Construction Administration&Construction Observation and $5,433,282.00 Documentation 3.3 Public Involvement#3(Sub-Consultant&Prime) $ 609,360.00 3.4 Warranty Services $144,060.00 REIM Reimbursable Expenses $300,000.00 Total Lump Sum Fee $ 4,323,634.00 Total Time and Materials Fee $11,585,199.00 GRAND TOTAL FEE $15,908,833.00 Page 19 of 32 PSA_CCNA Single Project Agreement_Ver.4 1 1 A B.2.2. **Time and Material Fees: The fees noted in Section B.2.1. shall constitute the amounts to be paid to CONSULTANT for the performance of the Basic Services. Direct Labor Costs mean the actual salaries and wages (basic, premium and incentive) paid to CONSULTANT's personnel, with respect to this Project, including all indirect payroll related costs and fringe benefits, all in accordance with and not in excess of the rates set forth in the Attachment 1 to this Schedule B. With each monthly Application for Payment, CONSULTANT shall submit detailed time records, and any other documentation reasonably required by the COUNTY, regarding CONSULTANT's Direct Labor Costs incurred at the time of billing, to be reviewed and approved by the COUNTY. There shall be no overtime pay without the COUNTY's prior written approval. B.2.2.1. Notwithstanding anything herein to the contrary, in no event may CONSULTANT's monthly billings, on a cumulative basis, exceed the sum determined by multiplying the applicable not to exceed task(s) limits by the percentage the COUNTY has determined CONSULTANT has completed such task as of that particular monthly billing. B.2.3. 0■* Lump Sum Fees: The fees noted in Section 2.1. shall constitute the lump sum amount to be paid to CONSULTANT for the performance of the Basic Services. There shall be no overtime pay without the COUNTY's prior written approval. B.2.3.1 CONSULTANT shall submit, with each of the monthly status reports provided for under Section B.1.1 of this Schedule B, an invoice for fees earned in the performance of Basic Services and Additional Services during the subject billing month. B.2.4. For Additional Services provided pursuant to Article 2 of the Agreement, if any, the COUNTY agrees to pay CONSULTANT a negotiated total fee and Reimbursable Expenses based on the services to be provided and as set forth in the Amendment authorizing such Additional Services. The negotiated fee shall be based upon the rates specified in Attachment 1 to this Schedule B and all Reimbursable Expenses shall comply with the provision of Section 3.4.1 below. There shall be no overtime pay on Additional Services without the COUNTY's prior written approval. B.2.5. The compensation provided for under Section B.2.1 of this Schedule B, shall be the total and complete amount payable to CONSULTANT for the Basic Services to be performed under the provisions of this Agreement, and shall include the cost of all materials, equipment, supplies and out-of-pocket expenses incurred in the performance of all such services. B.2.6. Notwithstanding anything in the Agreement to the contrary, CONSULTANT acknowledges and agrees that in the event of a dispute concerning payments for Services performed under this Agreement, CONSULTANT shall continue to perform the Services required of it under this Agreement, as directed by the COUNTY, pending resolution of the dispute provided that the COUNTY continues to pay to CONSULTANT all amounts that the COUNTY does not dispute are due and payable. 3. SCHEDULE OF PAYMENTS B.3.1. Notwithstanding anything herein to the contrary, the CONSULTANT shall submit no more than one invoice per month for all fees earned that month for both Basic Services and Additional Services. Invoices shall be reasonably substantiated, identify the services rendered and must be submitted in triplicate in a form and manner required by the COUNTY. Page 20 0132 PSA_CCNA Single Project Agreement_Ver.4 O`/D 1 1 A B.3.1.1 Payments will be made for services furnished, delivered. and accepted, upon receipt and approval of invoices submitted on the date of services or within six (6) months after completion of contract. Any untimely submission of invoices beyond the specified deadline period is subject to non-payment under the legal doctrine of "laches" as untimely submitted. Time shall be deemed of the essence with respect to the timely submission of invoices under this Agreement. B.3.2. Invoices not properly prepared (mathematical errors, billing not reflecting actual work done, no signature, etc.) shall be returned to CONSULTANT for correction. Invoices shall be submitted on CONSULTANT's letterhead and must include the Purchase Order Number and Project name and shall not be submitted more than one time monthly. B.3.3. Payments for Additional Services of CONSULTANT as defined in Article 2 hereinabove and for reimbursable expenses will be made monthly upon presentation of a detailed invoice with supporting documentation. B.3.4. Unless specific rates have been established in Attachment 1, attached to this Schedule B, CONSULTANT agrees that, with respect to any subconsultant or subcontractor to be utilized by CONSULTANT for this Agreement or Additional Services, CONSULTANT shall be limited to a maximum markup of five percent (5%) on the fees and expenses associated with such subconsultants and subcontractors. B.3.4.1 Reimbursable Expenses must comply with §112.061, Fla. Stat., or as set forth in the Agreement, be charged without mark-up by the CONSULTANT, and shall consist only of the following items: B.3.4.1.1. Cost for reproducing documents that exceed the number of documents described in this Agreement and postage and handling of Drawings and Specifications. B.3.4.1.2. Travel expenses reasonably and necessarily incurred with respect to Project related trips, to the extent such trips are approved by the COUNTY. Such expenses, if approved by the COUNTY, may include coach airfare, standard accommodations and meals, all in accordance with §112.061, Fla. Stat. Further, such expenses, if approved by the COUNTY, may include mileage for trips that are from/to destinations outside of Collier or Lee Counties. Such trips within Collier and Lee Counties are expressly excluded. B.3.4.1.3. Permit Fees required by the Project. B.3.4.1.4. Expense of overtime work requiring higher than regular rates approved in advance and in writing by the COUNTY. B.3.4.1.5. Expense of models for the County's use. B.3.4.1.6. Other items on request and approved in writing by the COUNTY. B.3.4.1.7. The CONSULTANT shall bear and pay all overhead and other expenses, except for authorized reimbursable expenses, incurred by CONSULTANT in the performance of the Services. Page 21 of 32 PSA_CCNA Single Project Agreement_Ver.4 C':�f 1 1 A B.3.4.1.8. Records of Reimbursable Expenses shall be kept on a generally recognized accounting basis. B.3.5. The CONSULTANT shall obtain the prior written approval of the COUNTY before incurring any reimbursable expenses, and absent such prior approval, no expenses incurred by CONSULTANT will be deemed to be a reimbursable expense. REMAINDER OF PAGE INTENTIONALLY LEFT BLANK Page 22 of 32 PSA_CCNA Single Project Agreement_Ver.4 1 1 A SCHEDULE B —ATTACHMENT 1 CONSULTANT'S HOURLY RATE SCHEDULE Title Hourly Rate Principal $238 Senior Project Manager $201 Project Manager $165 Senior Engineer $175 Engineer $136 Senior Inspector $117 Inspector $96 Senior Planner $164 Planner $130 Senior Designer $128 Designer $109 Environmental Specialist $120 Senior Environmental Specialist $156 Scientist/Geologist $115 Senior Scientist/Geologist $156 Marine Biologist/Hydrogeologist $133 Senior Marine Biologist/Hydrogeologist $169 Senior GIS Specialist $149 GIS Specialist $114 Clerical/Administrative $73 Senior Technician $102 Technician $83 Surveyor and Mapper $142 CADD Technician $95 Survey Crew-2 man $152 Survey Crew-3 man $185 Survey Crew-4 man $218 Senior Architect $177 Architect $148 Vacuum Excavator $290 The above hourly rates are applicable to Time and Materials task(s) only. The above list may not be all inclusive. Additional hourly rates for other personnel may be added via an Amendment upon mutual agreement in advance and in writing by the parties. For Grant Funded Projects, the Page 23 of 32 PSA_CCNA Single Project Agreement_Ver.4 1 1 A SCHEDULE C PROJECT MILESTONE SCHEDULE Number of Calendar Days For Completion of Task Task/Item Description from Date of Notice to Proceed 1.1 Project Start-Up 210 1.2 Preliminary Engineering Report / 210 Hydraulic Analysis 1.3 Surveying Services 364 1.4 Geotechnical Investigation (Sub-Consultant) 364 1.5 Soft Dig Investigation 364 1.6 30% Plans Preparation 545 1.7 Public Involvement#1 545 2.1 Final Design 2,190 2.2 Permitting 2,190 2.3 Bidding and Award 2,190 2.4 Public Involvement#2 2,190 3.1 & 3.2 Construction Administration & Construction 3,640 Observation and Documentation 3.3 Public Involvement#3 4,015 3.4 Warranty Services 4,015 Page 24 of 32 PSA_CCNA Single Project Agreement_Ver.4 1 1 A SCHEDULE D INSURANCE COVERAGE 1. The amounts and types of insurance coverage shall conform to the following minimum requirements with the use of Insurance Services Office (ISO) forms and endorsements or their equivalents. If CONSULTANT has any self-insured retentions or deductibles under any of the below listed minimum required coverages, CONSULTANT must identify on the Certificate of Insurance the nature and amount of such self-insured retentions or deductibles and provide satisfactory evidence of financial responsibility for such obligations. All self-insured retentions or deductibles will be CONSULTANT's sole responsibility. 2. The insurance required by this Agreement shall be written for not less than the limits specified herein or required by law, whichever is greater. 3. Coverages shall be maintained without interruption from the date of commencement of the services until the date of completion and acceptance of the Project by the COUNTY or as specified in this Agreement, whichever is longer. 4. Certificates of insurance acceptable to the COUNTY shall be filed with the COUNTY within ten (10) calendar days after Notice of Award is received by CONSULTANT evidencing the fact that CONSULTANT has acquired and put in place the insurance coverages and limits required hereunder. In addition, certified, true and exact copies of all insurance policies required shall be provided to the COUNTY, on a timely basis, if requested by the COUNTY. Such certificates shall contain a provision that coverages afforded under the policies will not be canceled or allowed to expire until at least thirty (30) days prior written notice has been given to the COUNTY. CONSULTANT shall also notify the COUNTY, in a like manner, within twenty-four (24) hours after receipt, of any notices of expiration, cancellation, non-renewal or material change in coverages or limits received by CONSULTANT from its insurer, and nothing contained herein shall relieve CONSULTANT of this requirement to provide notice. In the event of a reduction in the aggregate limit of any policy to be provided by CONSULTANT hereunder, CONSULTANT shall immediately take steps to have the aggregate limit reinstated to the full extent permitted under such policy. 5. All insurance coverages of the CONSULTANT shall be primary to any insurance or self- insurance program carried by the COUNTY applicable to this Project. 6. The acceptance by the COUNTY of any Certificate of Insurance does not constitute approval or agreement by the COUNTY that the insurance requirements have been satisfied or that the insurance policy shown on the Certificate of Insurance is in compliance with the requirements of this Agreement. 7. CONSULTANT shall require each of its subconsultants to procure and maintain, until the completion of the subconsultant's services, insurance of the types and to the limits specified in this Section except to the extent such insurance requirements for the subconsultant are expressly waived in writing by the COUNTY. Page 25 of 32 PSA_CCNA Single Project Agreement_Ver.4 8. Should at any time the CONSULTANT not maintain the insurance coverages required herein, the COUNTY may terminate the Agreement or at its sole discretion shall be authorized to purchase such coverages and charge the CONSULTANT for such coverages purchased. If CONSULTANT fails to reimburse the COUNTY for such costs within thirty (30) days after demand, the COUNTY has the right to offset these costs from any amount due CONSULTANT under this Agreement or any other agreement between the COUNTY and CONSULTANT. The COUNTY shall be under no obligation to purchase such insurance, nor shall it be responsible for the coverages purchased or the insurance company or companies used. The decision of the COUNTY to purchase such insurance coverages shall in no way be construed to be a waiver of any of its rights under the Agreement. 9. If the initial, or any subsequently issued Certificate of Insurance expires prior to the completion of the services required hereunder or termination of the Agreement, the CONSULTANT shall furnish to the COUNTY, in triplicate, renewal or replacement Certificate(s) of Insurance not later than three (3) business days after the renewal of the policy(ies). Failure of the Contractor to provide the COUNTY with such renewal certificate(s) shall be deemed a material breach by CONSULTANT and the COUNTY may terminate the Agreement for cause. 10. WORKERS' COMPENSATION AND EMPLOYERS' LIABILITY. Required by this Agreement? [111 Yes I No Workers' Compensation and Employers' Liability Insurance shall be maintained by the CONSULTANT during the term of this Agreement for all employees engaged in the work under this Agreement in accordance with the laws of the State of Florida. The amounts of such insurance shall not be less than: a. Worker's Compensation - Florida Statutory Requirements b. Employers' Liability - The coverage must include Employers' Liability with a minimum limit of $ 1,000,000 for each accident. The insurance company shall waive all claims rights against the COUNTY and the policy shall be so endorsed. 11. United States Longshoreman's and Harbor Worker's Act coverage shall be maintained where applicable to the completion of the work. Required by this Agreement? Yes n No 12. Maritime Coverage (Jones Act) shall be maintained where applicable to the completion of the work. Required by this Agreement? I Yes III No 13. COMMERCIAL GENERAL LIABILITY. Required by this Agreement? I■I Yes I I No A. Commercial General Liability Insurance, written on an "occurrence" basis, shall be maintained by the CONSULTANT. Coverage will include, but not be limited to, Bodily Injury, Page 26 of 32 PSA_CCNA Single Project Agreement_Ver.4 1 1 A Property Damage, Personal Injury, Contractual Liability for this Agreement, Independent Contractors, Broad Form Property Damage including Completed Operations and Products and Completed Operations Coverage. Products and Completed Operations coverage shall be maintained for a period of not less than five (5) years following the completion and acceptance by the COUNTY of the work under this Agreement. Limits of Liability shall not be less than the following: Coverage shall have minimum limits of $ 1,000,000 Per Occurrence, $2,000,000 aggregate. B. The General Aggregate Limit shall apply separately to this Project and the policy shall be endorsed using the following endorsement wording. "This endorsement modifies insurance provided under the following: Commercial General Liability Coverage Part. The General Aggregate Limit under LIMITS OF INSURANCE applies separately to each of your projects away from premises owned by or rented to you. Applicable deductibles or self-insured retentions shall be the sole responsibility of CONSULTANT. Deductibles or self-insured retentions carried by the CONSULTANT shall be subject to the approval of the Risk Management Director or his/her designee. 14. Collier County Board of County Commissioners, OR, Board of County Commissioners in Collier County, OR, Collier County Government shall be listed as the Certificate Holder and included as an "Additional Insured" on the Insurance Certificate for Commercial General Liability where required. The insurance shall be primary and non-contributory with respect to any other insurance maintained by, or available for the benefit of, the Additional Insured and the Contractor's policy shall be endorsed accordingly. Contractor shall ensure that all subcontractors comply with the same insurance requirements that the Contractor is required to meet. 15. Watercraft Liability coverage shall be carried by the CONSULTANT or the SUBCONSULTANT in limits of not less than the Commercial General Liability limit shown in subparagraph (1) above if applicable to the completion of the Services under this Agreement. Required by this Agreement? I Yes n No 16. Aircraft Liability coverage shall be carried by the CONSULTANT or the SUBCONSULTANT in limits of not less than $5,000,000 each occurrence if applicable to the completion of the Services under this Agreement. Required by this Agreement? Yes • No 17. AUTOMOBILE LIABILITY INSURANCE. Required by this Agreement? ■ Yes I I No Business Auto Liability: Coverage shall have minimum limits of $ 1,000,000 Per Occurrence, Combined Single Limit for Bodily Injury Liability and Property Damage Liability. This shall include: Owned Vehicles, Hired and Non-Owned Vehicles and Employee Non-The ownership. Page 27 of 32 PSA_CCNA Single Project Agreement_Ver.4 I 1 A 18. TECHNOLOGY ERRORS AND OMISSIONS INSURANCE. Required by this Agreement? Yes ■ No Technology Errors and Omissions Insurance: Coverage shall have minimum limits of $ Per Occurrence. 19. POLLUTION INSURANCE. Required by this Agreement? [■1 Yes n No Pollution Insurance: Coverage shall have minimum limits of$ 2,000,000 Per Occurrence. 20. UMBRELLA LIABILITY. Required by this Agreement? ■ Yes n No A. Umbrella Liability may be maintained as part of the liability insurance of the CONSULTANT and, if so, such policy shall be excess of the Employers' Liability, Commercial General Liability, and Automobile Liability coverages required herein and shall include all coverages on a "following form" basis. Coverage shall have minimum limits of$5,000,000 B. The policy shall contain wording to the effect that, in the event of the exhaustion of any underlying limit due to the payment of claims, the Umbrella policy will "drop down" to apply as primary insurance. 21. PROFESSIONAL LIABILITY INSURANCE. Required by this Agreement? n Yes No A. Professional Liability: Shall be maintained by the CONSULTANT to ensure its legal liability for claims arising out of the performance of professional services under this Agreement. CONSULTANT waives its right of recovery against COUNTY as to any claims under this insurance. Such insurance shall have limits of not less than $2,000,000 each claim and aggregate. B. Any deductible applicable to any claim shall be the sole responsibility of the CONSULTANT. Deductible amounts are subject to the approval of the COUNTY. C. The CONSULTANT shall continue this coverage for this Project for a period of not less than five (5) years following completion and acceptance of the Project by the COUNTY. D. The policy retroactive date will always be prior to the date services were first performed by CONSULTANT or the COUNTY, and the date will not be moved forward during the term of this Agreement and for five years thereafter. CONSULTANT shall promptly submit Certificates of Insurance providing for an unqualified written notice to the COUNTY of any cancellation of coverage or reduction in limits, other than the application of the aggregate limits provision. In addition, CONSULTANT shall also notify the COUNTY by certified mail, within twenty-four (24) hours after receipt, of any notices of expiration, cancellation, non-renewal or material change in coverages or limits received by CONSULTANT from its insurer. In the event Page 28 01'32 PSA_CCNA Single Project Agreement_Ver.4 1 1 A of more than a twenty percent (20%) reduction in the aggregate limit of any policy, CONSULTANT shall immediately take steps to have the aggregate limit reinstated to the full extent permitted under such policy. CONSULTANT shall promptly submit a certified, true copy of the policy and any endorsements issued or to be issued on the policy if requested by the COUNTY. 22. VALUABLE PAPERS INSURANCE. In the sole discretion of the COUNTY, CONSULTANT may be required to purchase valuable papers and records coverage for plans, specifications, drawings, reports, maps, books, blueprints, and other printed documents in an amount sufficient to cover the cost of recreating or reconstructing valuable papers or records utilized during the term of this Agreement. 23. PROJECT PROFESSIONAL LIABILITY. A. If the COUNTY notifies CONSULTANT that a project professional liability policy will be purchased, then CONSULTANT agrees to use its best efforts in cooperation with the COUNTY and the COUNTY's insurance representative, to pursue the maximum credit available from the professional liability carrier for a reduction in the premium of CONSULTANT's professional liability policy. If no credit is available from CONSULTANT's current professional policy underwriter, then CONSULTANT agrees to pursue the maximum credit available on the next renewal policy, if a renewal occurs during the term of the project policy (and on any subsequent professional liability policies that renew during the term of the project policy). CONSULTANT agrees that any such credit will fully accrue to the COUNTY. Should no credit accrue to the COUNTY, the COUNTY and CONSULTANT, agree to negotiate in good faith a credit on behalf of the COUNTY for the provision of project-specific professional liability insurance policy in consideration for a reduction in CONSULTANT's self-insured retention and the risk of uninsured or underinsured consultants. B. The CONSULTANT agrees to provide the following information when requested by the COUNTY or the COUNTY's Project Manager: 1. The date the professional liability insurance renews. 2. Current policy limits. 3. Current deductibles/self-insured retention. 4. Current underwriter. 5. Amount (in both dollars and percent) the underwriter will give as a credit if the policy is replaced by an individual project policy. 6. Cost of professional insurance as a percent of revenue. 7. Affirmation that the design firm will complete a timely project errors and omissions application. C. If the COUNTY elects to purchase a project professional liability policy, CONSULTANT to be insured will be notified and the COUNTY will provide professional liability insurance, naming CONSULTANT and its professional subconsultants as named insureds. END OF SCHEDULE D Page 29 of 32 PSA_CCNA Single Project Agreement_Ver.4 i 1 A SCHEDULE E TRUTH IN NEGOTIATION CERTIFICATE In compliance with the Consultants' Competitive Negotiation Act, Section 287.055, Florida Statutes, Johnson Engineering, Inc. (company's name) hereby certifies that wages, rates and other factual unit costs supporting the compensation for the services of the CONSULTANT to be provided under the Professional Services Agreement, concerning " Design Services for Old Lely Utilities Improvements "project" is accurate, complete and current as of the time of contracting. BY: 14/4 Y TITLE: VICR l IA) (AIClvl DATE: I -a7J Page 30 of 32 PSA_CCNA Single Project Agreernent_Ver.4 1 1 1 A SCHEDULE F KEY PERSONNEL Percentage Name Personnel Category of Time Mike Dickey Principal 30% Andy Tilton Principal 25% Dana Hume Principal 2% Ryan Bell Principal 2% Jared Brown Senior Project Manager 20% Dave Trouteaud Senior Project Manager 15% Erik Howard Senior Project Manager 10% Wayne Wright Senior Project Manager 5% Billy Saum Project Manager 50% Mark Thomas Project Manager 30% Alfredo Perez Project Manager 15% Jeff Nagle Project Manager 10% Kim Arnold Project Manager 5% Jordan Varble Senior Engineer 25% Josh Hildebrand Senior Engineer 5% Rick Acosta Senior Engineer 5% Mike Lohr Senior GIS Specialist 5% Paul Lohr Senior GIS Specialist 5% John Curtis Senior Environmental Specialist 2% Mark Texter Surveyor and Mapper 10% Kevin RisCassi Surveyor and Mapper 5% Brett Dean Engineer 40% Jessica Westhafer Engineer 5% Abe Elizarraraz Environmental Specialist 2% Dave Isley Environmental Specialist 5% Michael Tiseo Senior Designer 40% Eric Fallon Senior Designer 20% Gabe Mendoza Senior Designer 20% Brent Buford Senior Inspector 15% Arnie Fiore Senior Inspector 55 Chris Barrett Designer 10% Lenroy Cammock Designer 15% Travis Means Designer 30% Tyler Rubley Designer 2% Mathew Beaudoin CADD Technician 10% Marina Guirguis CADD Technician 2% Lisa Baughman Clerical/Administrative 20% Marsha Vocado Clerical/Administrative 5% Page 31 of 32 PSA_CCNA Single Project Agreement_Ver.4 1 1 A SCHEDULE G Other: N/A (Description) n following this page (pages through ) ❑■ this schedule is not applicable Page 32 of 32 PSA_CCNA Single Project Agreement_Ver.4 10 ACo CERTIFICATE OF LIABILITY INSURANCE DATE(i,DDRt'Y) L....""-- 12/22/2021 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED,the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER CONTACT BKS Partners NAME: Yarltza Soto P.O. Box 60043 (Arch o.Ext):239-931-3021 FAX No):239-931-5604 Fort Myers FL 33906-6043 ADDRESS: yaritza.soto@bks-partners.com INSURER(S)AFFORDING COVERAGE NAIC# INSURER A:American Casualty Company of R 20427 INSURED JOHNS05 INSURER B:The Continental Insurance Co 35289 Johnson Engineering, Inc. INSURERC:Valley Forge Insurance Company PO Box 2112P Y 20508 Fort Myers FL 33902-2112 INSURERD:Continental Casualty Company 20443 INSURER E: INSURER F: COVERAGES CERTIFICATE NUMBER:2015693653 REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR ADDL SUBR POLICY EFF POLICY EXP TYPE OF INSURANCE LTR JNSD WVD POLICY NUMBER 4MM/DD/YYYY).(MM/DD/YYYY) LIMITS A X COMMERCIAL GENERAL LIABILITY Y 1 4027219232 9/15/2021 9/15/2022 EACH OCCURRENCE $1,000,000 DAMAGE TO RENTED CLAIMS-MADE X1 OCCUR PREMISES(Ea occurrence) $100,000 MED EXP(Any one person) $15,000 X XCU PERSONAL&ADV INJURY $1,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $2,000,000 POLICY X jE X LOC PRODUCTS-COMP/OP AGG $2,000,000 OTHER: $ D AUTOMOBILE LIABILITY 5084100207 9/15/2021 9/15/2022 COMBINED SINGLE LIMIT $1,000,000 (Ea accident) X ANY AUTO BODILY INJURY(Per person) $ OWNED SCHEDULED BODILY INJURY(Per accident) $ AUTOS ONLY AUTOS X HIRED X NON-OWNED PROPERTY DAMAGE AUTOS ONLY AUTOS ONLY (Per accident) $ X PIP PIP $10,000 B X UMBRELLA LIAB X OCCUR 4034928401 9/15/2021 9/15/2022 EACH OCCURRENCE $5,000,000 EXCESS LIAB CLAIMS-MADE AGGREGATE $5,000,000 DED X RETENTION$in jinn _ $ C WORKERS AND EMPLOYERS'COMPENSATION L ABI Y Y/N WC434939852 9/24/2021 9/24/2022 X STATUTE EERH ANYPROPRIETOR/PARTNER/EXECUTIVE E.L.EACH ACCIDENT $1,000,000 OFFICER/MEMBER EXCLUDED? N N/A (Mandatory in NH) E.L.DISEASE-EA EMPLOYEE $1,000,000 If yes,describe under DESCRIPTION OF OPERATIONS below _ E.L.DISEASE-POLICY LIMIT $1,000,000 DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES (ACORD 101,Additional Remarks Schedule,may be attached if more space is required) Contract#:21-7881 Design Services for Old Lely Utilities Development Collier County Board of County Commissioners is listed as additional insured with respect to general liability on a primary and noncontributory basis,as per endorsement CNA75079XX and auto liability per form CA2028. CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. Collier County Board of County Commissioners 3295 Tamiami Trail East AUTHORIZED REPRESENTATIVE Naples FL 34112 72VLi ©1988-2015 ACORD CORPORATION. All rights reserved. ACORD 25(2016/03) The ACORD name and logo are registered marks of ACORD h A CNA CNA PARAMOUN1 Blanket Additional Insured - Owners, Lessees or Contractors - with Products-Completed Operations Coverage Endorsement This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART It is understood and agreed as follows: I. WHO IS AN INSURED is amended to include as an Insured any person or organization whom you are required by written contract to add as an additional insured on this coverage part, but only with respect to liability for bodily injury, property damage or personal and advertising injury caused in whole or in part by your acts or omissions, or the acts or omissions of those acting on your behalf: A. in the performance of your ongoing operations subject to such written contract; or B. in the performance of your work subject to such written contract, but only with respect to bodily injury or property damage included in the products-completed operations hazard, and only if: 1. the written contract requires you to provide the additional insured such coverage; and 2. this coverage part provides such coverage. II. But if the written contract requires: A. additional insured coverage under the 11-85 edition, 10-93 edition, or 10-01 edition of CG2010, or under the 10- 01 edition of CG2037; or B. additional insured coverage with "arising out of" language; or C. additional insured coverage to the greatest extent permissible by law; then paragraph I. above is deleted in its entirety and replaced by the following: WHO IS AN INSURED is amended to include as an Insured any person or organization whom you are required by written contract to add as an additional insured on this coverage part, but only with respect to liability for bodily injury, property damage or personal and advertising injury arising out of your work that is subject to such written contract. p, III. Subject always to the terms and conditions of this policy, including the limits of insurance,the Insurer will not provide such additional insured with: A. coverage broader than required by the written contract; or B. a higher limit of insurance than required by the written contract. IV. The insurance granted by this endorsement to the additional insured does not apply to bodily injury, property damage, or personal and advertising injury arising out of: A. the rendering of, or the failure to render, any professional architectural, engineering, or surveying services, including: 1. the preparing, approving, or failing to prepare or approve maps, shop drawings, opinions, reports, surveys, field orders, change orders or drawings and specifications; and 2. supervisory, inspection, architectural or engineering activities; or B. any premises or work for which the additional insured is specifically listed as an additional insured on another endorsement attached to this coverage part. V. Under COMMERCIAL GENERAL LIABILITY CONDITIONS,the Condition entitled Other Insurance is amended to EEE add the following,which supersedes any provision to the contrary in this Condition or elsewhere in this coverage part: CNA75079XX (10-16) Policy No: 4027219232 Page 1 of 2 Endorsement No: 8 AMERICAN CASUALTY CO OF READING,PA Effective Date: 09/15/2021 Insured Name: JOHNSON ENGINEERING, INC. Copyright CNA All Rights Reserved. Includes copyrighted material of Insurance Services Office,Inc.,with its permission. ,.''...1 JOHNENG-01 LHLMITI A �RL CERTIFICATE OF LIABILITY INSURANCE DATE(MM/DDIYYYY) 12/28/2021 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER.THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S),AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED,the policy(ies)must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy,certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER CONTACT NAME: JCJ Insurance Agency,LLC PHONE (A FAx 2208 Hillcrest Street /C,No,Ext):(321)445-1117 (A/c,No):(321)445-1076 Orlando,FL 32803 E-MAILDDRcarts c'-insurance.com ADDRESS --_ �� INSURER(S)AFFORDING COVERAGE NAIL# INSURER A:Berkley Insurance Company 32603 INSURED INSURER B: Johnson Engineering,Inc. _INSURERC: _ 2122 Johnson St. INSURER D Fort Myers,FL 33901 INSURER E: INSURER F: COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR TYPE OF INSURANCE 1ADDL SUER. POLICY NUMBER POLICY EFF POLICY EXP --- ---- --- -- LTR I INSD WVD' I(MM/DD/YYYY)I IMM/DD/YYYY)j LIMITS COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $• CLAIMS-MADE OCCUR DAMAGE TO RENTED • .PREMISES(Ea occurrence) __-$ MED EXP(Any one person) j $ PERSONAL&ADV INJURY I $ GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $ POLICY 1 I JECOT 1 1 LOC PRODUCTS COMP/OP AGG $ 1 OTHER: $ COMBINED SINGLE LIMIT 1 $ AUTOMOBILE LIABILITY (Ea accident) ANY AUTO BODILY INJURY(Per person)-__.$ OWNED SCHEDULED AUTOS ONLY AUTOS BODILY INJURY(Per accident) $ __ HIRED NON-OWNED PROPERTY DAMAGE -1 AUTOS ONLY AUTOS ONLY JPer accident) - $ $ UMBRELLA LIAB OCCUR EACH OCCURRENCE $ EXCESS LIAB ' CLAIMS MADE1 __ AGGREGATE $ DED AND DED RETENTION$ ' $ WORKERS COMPENSATION S'LIABILITY YIN I STATUTE I -_.-1H ER ANY PROPRIETOR/PARTNER/EXECUTIVE E L EACH ACCIDENT OFFICER/MEMBER EXCLUDED? IN/A i $ (Mandatory in NH) E L DISEASE-EA EMPLOYEE $_. _ E.L.DISEASE-POLICY LIMIT $ If yes,describe under I DESCRIPTION OF OPERATIONS below A (Professional Liab ;AEC-9047720-06 1 9/15/2021 9/15/2022 iPer Claim 2,000,000 A Pollution Liab ! I AEC-9047720-06 9/15/2021 9/15/2022 Aggregate I 2,000,000 • DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES (ACORD 101,Additional Remarks Schedule,may be attached if more space is required) Design Services for Old Lely Utilities Improvement CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE Collier County Board of County Commissioners THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. Procurement Services Division 3295 Tamiami Trail East,C-2 Naples,FL 34112 AUTHORIZED REPRESENTATIVE 0:2(7,44/1 ACORD 25(2016/03) ©1988-2015 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD